9911796707
TMI Blog2010 (12) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... enue is in appeal against the impugned order wherein the respondent was alleged to take input credit on the inputs procured by the respondent on the strength of Cenvatable invoice/Bills of Entry wherein the name of the buyer was mentioned is the predecessor of the respondent from whom the respondent has taken over their business in total. 2. The main ground on which the Revenue is in appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and informed again to the department accordingly, by saying that the respondents are taking the credit but the same shall be utilised later-on. He further submits that it is not a case of transfer of Cenvat credit lying in the account of predecessor of whom they have taken the unit in total. It is a case where the M/s. Otis Elevator Co. (I) Ltd. have ordered to supply certain inputs to their sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endorsed in favour of the respondent and on those invoices/Bills of Entry the respondent took the credit. It is not in dispute that these inputs are not duty paid and are not received in the factory of the respondent. As per Central Excise law, a person is entitled to take credit on the inputs which have been received in their factory against duty paid invoices. In this case, the only issue is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case is whether the respondent is entitled to take credit on Cenvatable invoice/Bills of Entry which were in the name of the M/s. Otis Elevator Co. (I) Ltd. from whom they have taken over the unit which were duly endorsed in favour of the respondent or not. As in the case of Manpasand Textile Processors Pvt. Ltd. (supra) this Tribunal has categorically held that omission on the part of the consign ..... X X X X Extracts X X X X X X X X Extracts X X X X
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