TMI Blog2010 (6) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... per : M.V. Ravindran, Member (J)]. - This stay petition is filed for waiver of pre-deposit of the following amounts :- (i) ₹ 1,13,18,101/- being Cenvat credit wrongly taken without taking permission from JAC as required under Rule 10(3) of Cenvat Credit Rules, 2004; (ii) Interest on the above amount under Rule 14 of Cenvat Credit Rules, 2004 read with Section 11AB of the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sfer of credit lying the balance at the time of merger of the units from the Jurisdictional Deputy Commissioner or Assistant Commissioner. He submits that there is no requirement of seeking permission for transfer of credit as decided by this Bench in the case of Hewlett Packard (I) Sales (P) Ltd. v. Commissioner of Customs, Bangalore - 2007 (211) E.L.T. 263 (T) = [2007 (6) S.T.R. 155 (Tri. - Bang ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he other hand, draws our attention to the findings of the lower authorities. It is the submission that as per provisions of Rule 10(3) of the Cenvat Credit Rules, the appellant has to transfer stock of inputs as such or in process or the capital goods is also transferred along with the Factory or business premises to the new site or ownership and the inputs, or capital goods, on which credit has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit in the event of merger, Rule 10(3) of the CCR, 2004, does not envisage obtaining prior permission for transfer of credit. We find that Show Cause Notice has not alleged any non-transfer of the inputs or in process goods or the capital goods on which credit has been availed. The only allegation is that the appellant has not taken permission of jurisdictional Deputy Commissioner or Assistant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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