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2015 (10) TMI 2069 - CESTAT CHENNAI

2015 (10) TMI 2069 - CESTAT CHENNAI - 2016 (344) E.L.T. 385 (Tri. - Chennai) - Transfer of unutilized credit of SAD from one unit to other unit as per the provisions of Rule 10A - Held that:- impugned order has dealt the issue in detail and came to the conclusion and held that there is no dispute on the eligibility of transfer of unutilized credit under Rule 10A of CCR and held that the appellants complied the conditions of the notification. Only ground on which it was denied is that whether suc .....

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nion has prospective effect and only permissible at the end of a quarter. In the present case, as seen from the records, unit-II which was defunct and the credit remained unutilized was correctly transferred on 31.05.2012, immediately after introduction of Rule on 01.04.2012, as they are eligible to transfer the same from 01.07.2012. Even though they have transferred the credit on 31.05.2012, they have not utilized the entire credit and only ₹ 2.5 Crores was utilized before 01.07.2012. The .....

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it availed on SAD (AED). - Decided in favour of assessee. - E/40461 - 40462/2014 - Final Order No. 41049-41050/2015 - Dated:- 26-8-2015 - R Periasami, Member (T) And P K Choudhary, Member (J) For the Petitioner : Mr Ragavan Ramabhadran, Adv For the Respondent : Mr B Balamurugan, AC (AR) ORDER Per R Periasami Both the appeals are taken up together for disposal as the issue is arising out of common Order-in-Original. 2. The brief facts of the case are that the appellants are registered with Centra .....

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-II transferred their SAD credit balance of ₹ 6,37,53,414/- to Unit-I under the cover of Delivery Challan (i.e. transfer challan). Show Cause Notice dated 30.05.2014 was issued to both the units proposing to deny irregular transfer of cenvat credit of ₹ 6,37,53,414/- from Unit-I and to recover the amount along with interest and also to impose penalty on both the units. The adjudicating authority confirmed the recovery of ₹ 6,37,53,414/- along with interest and penalty of ₹ .....

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(NT) dated 17.03.2012 where specific provision has been introduced for transfer of AED (SAD) from one unit to other unit. It came into effect from 01.04.2012 with the condition that proper entry for such transfer should be maintained under Rule 9 and such transfer should take place under transfer challan issued by the transferee unit to the other unit. In view of the amended rule, they have transferred the unutilized credit on 31.05.2012. He further submits that the SCN issued for denial of unu .....

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r ie. 01.07.2012. He submits that the amended Rule has the prospective effect and they have transferred the credit after the Rule came into force only from 01.04.2012. The question of premature transfer does not arise as this will apply for prospective transfer of credit for every quarter. He also submits that they have not utilized the entire credit and approximately ₹ 2.5 crores only was utilized as on 01.07.2012. 5. On the other hand, the Ld. AR on behalf of the Revenue reiterated the f .....

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ion it is relevant to reproduce Rule 10A. Rule 10A: Transfer of CENVAT credit of additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act. (1) A manufacturer of producer of final products, having more than one registered premises, for each of which registration under the Central Excise Rules, 2002 has been obtained on the basis of a common Permanent Account Number under the Income-Tax Act, 1961 (43 of 1961), may transfer unutilized CENVAT credit of additional duty le .....

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ed in clause (i), and such recipient premises may take CENVAT credit on the basis of the transfer challan: 7. We find that the adjudicating authority at para 11,11.2, A, B, C of the impugned order has dealt the issue in detail and came to the conclusion and held that there is no dispute on the eligibility of transfer of unutilized credit under Rule 10A of CCR and held that the appellants complied the conditions of the notification. Only ground on which it was denied is that whether such transfer .....

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