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Ballarpur Industries Ltd Versus Commissioner of Central Excise, Customs And Service Tax Hyderabad-iii

2015 (7) TMI 339 - CESTAT BENGLALORE

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 U .....

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ance with the provisions of Rule 10A. 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 the transferred to the appellant. Denial of such credit to the appellant is not .....

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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., B .....

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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 pro .....

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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 fr .....

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e new Company i.e. the appellant in terms of the provisions of Rule 10 of CENVAT Credit 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 app .....

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the power to transfer the said credit to the newly acquired company. On the other hand, the appellant s contention is that admittedly the inputs were received by Unit-1 and even if the Revenue s objection is sustainable, it is the entire company inc .....

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