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2015 (7) TMI 339 - CESTAT BENGLALORE

2015 (7) TMI 339 - CESTAT BENGLALORE - 2015 (329) E.L.T. 959 (Tri. - Bang.) - Waiver of pre deposit - Credit of SAD - Held that:- Admittedly the inputs were received on which duty was paid and credit was availed. It is also seen that the Revenue is not disputing the transfer of other unutilized 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 especiall .....

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Stay Order/Misc Order No: 20978 / 2015 - Dated:- 4-6-2015 - SMT ARCHANA WADHWA AND SHRI B.S.V.MURTHY, JJ. For The Appellant : Mr. G. Shivadas, Adv For The Respondent : Mr. Pakshi Rajan, A.R. ORDER Per : ARCHANA WADHWA After hearing both sides in support of the stay petition, we find that M/s BILT Graphic Paper Products Ltd., Ballarpur was importing various raw-materials on which they were paying duty of basic customs, countervailing duty as also special additional duty (hereinafter referred to S .....

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he same manufacturer. Accordingly Ballarpur unit transferred the entire credit of SAD to their 2nd Unit located at Kamalapuram. The 2nd Unit utilized the credit to the extent of ₹ 5 crores and there was unutilized balance credit to the extent of ₹ 6.73 crores. There is no dispute about the transfer of SAD credit from 1st Unit to the 2nd Unit. Thereafter, the appellant sold their company to the present appellant M/s Ballarpur Industries Ltd, Kamalapuram. With the sale of the company, .....

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