TMI Blog2015 (7) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... accumulated credits to the new Unit by operation of Rule 10A. SAD was transferred to Unit No-2 and was no longer in the records of Unit No.1. Transfer of balance amount of credit to the new Unit especially when the sale is not unit-wise but the entire company was sold, is in accordance with the provisions of Rule 10A. As such irrespective of the fact whether the credit was lying with Unit-1 or Un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l duty (hereinafter referred to SAD). They were entitled to CENVAT credit of all the duties paid by them at the time of import of raw materials, which credit they were availing. The dispute herein relates to the credit of SAD so availed by the said Unit of the appellant to the extent of ₹ 12 crores . 2. During the period October 2012 in terms of the provisions of Rule 10A which was introd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Rules 2004. Revenue has not raised any objection in respect of the transfer of basic customs duty and countervailing duty etc. The only dispute in the present appeal is as regards transfer of SAD which was lying unutilized in the factory of the 2nd Unit to the appellant company. The Revenue s contention is that the credit was lying with Unit-2, who has actually not received the inputs and as suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 10A. SAD was transferred to Unit No-2 and was no longer in the records of Unit No.1. Transfer of balance amount of credit to the new Unit especially when the sale is not unit-wise but the entire company was sold, is in accordance with the provisions of Rule 10. As such irrespective of the fact whether the credit was lying with Unit-1 or Unit-2, we are of the view that the same is entitled to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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