TMI Blog2007 (9) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... lesser company - E/439/2006 & E/CO/110/2007 - 1057/2007 & Misc. O. No. 467/2007 - Dated:- 6-9-2007 - [Order per (Oral)]. - This is a Revenue appeal arising from Order-in-Appeal No. 01/2006 dated 16-1-2006 by which the Commissioner (Appeals) accepted the assessee's proposition that on taking lease of the factory, they are eligible to avail Cenvat credit on the lessor factory which was in the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the invoices relating to the lessor unit, the same should be treated as lying unutilized Credit on the accounts of lessor unit as per Rule 8 of Cenvat Credit Rules, 2002. This is only a technical lapse. Hence, I feel that the Order-in-Original passed by the Deputy Commissioner, Kakinada-II Division holds good. Therefore, I pass the following order. ORDER The appeal filed by the departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 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 transfer of liabilities of such factory, then, the manufacturer shall be allowed to transfer the Cenvat credit lying unutilized in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... correctly applied the law and no deviation has been done in view of the clear provisions of Rule 10 of Cenvat Credit Procedure Rules, which provides for taking credit of unutilized credit. There is no infirmity in the impugned orders passed by both the authorities. There is no merit in this appeal and the same is rejected. The Cross-objections are disposed of in assessee's favour. (Pronounced an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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