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In Re : Tirupati Ink Ltd.

Transfer of the Cenvat credit - eligibility of benefit of Rule 10 of Cenvat Credit Rules, 2004 - Held that:- Rule 10(3) of the Cenvat Credit Rules, 2004 stipulates the transfer of the Cenvat credit under sub-rules (1) and (2) shall be allowed only if the 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 been availed of are duly accounted for .....

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per the provisions of Rule 10 of the Cenvat Credit Rules, 2004. - 69/CE/ALLD/2015 - Dated:- 4-6-2015 - Shri V. Valte, Commissioner ORDER These proceedings were initiated after filing of appeal No. 149-CE/APPL/Knp/2013 by M/s. Tirupati Ink Ltd., 188-B, Dada Nagar, Kanpur (hereinafter referred to as the appellant) having Central Excise Registration No. AAACS2222FEM005, against the order-in-original No. 07/ADC/C.Ex/2013, dated 18-3-2013 passed by the Additional Commissioner, Central Excise, Kanpur. .....

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appellant had a unit in the name and style of M/s. Tirupati Inks Ltd. situated at A-1/33, Dada Nagar, Kanpur, which was destroyed due to a fire incident on 21-3-2011, which was duly intimated to the Range Officer, Central Excise Range-I, Kanpur vide letter dated Nil by M/s. Tirupati Inks Ltd., A-1/33, Dada Nagar, Kanpur. The appellant installed and commissioned another factory in the name and style of M/s. Tirupati Inks Ltd., 188-B, Dada Nagar, Kanpur and started production from September, 2011 .....

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Section 11AA of the Act ibid and why penalty should not be imposed under Rule 15 of Cenvat Credit Rules, 2004 and under Rule 25 of Central Excise Rules, 2002 read with Section 11AC of the Act ibid. The said show cause was decided by the ld. adjudicating authority by disallowing the Cenvat credit of ₹ 5,50,705/- under Rule 14 of the Cenvat Credit Rules, 2004 read with the Section 11A of Central Excise Act, 1944. The interest was also confirmed under Rule 14 of the Cenvat Credit Rules, 2004 .....

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nt in appeal and during the course of personal hearing held on 1-6-2015 and attended by ld. Advocate Shri Amit Awasthi. 5. I find that Rule 10 of Cenvat Credit Rules, 2004 reads as under : Transfer of Cenvat credit. - (1) If a manufacturer of the final products shifts his factory to another site or the factory is transferred on account of change in ownership or on account of sale, merger, amalgamation, lease or transfer of the factory to a joint venture with the specific provision for trans .....

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der of output service shall be allowed to transfer the Cenvat credit lying unutilized in his accounts to such transferred, sold, merged, leased or amalgamated business. (3) The transfer of the Cenvat credit under sub-rules (1) and (2) shall be allowed only if the 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 been availed of are duly .....

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d finished and capital goods installed in the said factory were damaged. It was also observed that the appellant has reversed the Cenvat credit involved in the goods destroyed in the fire incidence. I find that the department has not disputed the reversal of Cenvat credit of ₹ 7,72,179/- involved in the destroyed goods due to fire incidence occurred in the intervening night of 21/22-3-2011. The department has disputed only the transfer of credit of ₹ 5,50,703/- from the unit situated .....

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