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2015 (6) TMI 989 - COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE (APPEALS) ALLAHABAD

2015 (6) TMI 989 - COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE (APPEALS), ALLAHABAD - 2015 (324) E.L.T. 622 (Commr. Appl.) - 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 premis .....

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ed to the department regarding transfer of Cenvat credit time and again and had requested for regularization of the same as 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, agains .....

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t facility as per the provisions of the Cenvat Credit Rules, 2004. 2. Briefly stated the facts of the case is that the 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 fact .....

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under Rule 14 of the Cenvat Credit Rules, 2004 read with Section 11A of Central Excise Act, 1944 along with interest under 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 .....

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les, 2004 may be extended to them. 4. I have carefully gone through the case records and submission made by the appellant 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 acco .....

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of the business to a joint venture with the specific provision for transfer of liabilities of such business, then, the provider 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 b .....

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Dada Nagar, Kanpur in the intervening night of 21/22-3-2011 due to which all the stock of raw material, work in progress and 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 .....

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