TMI Blog2017 (3) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... the fact that at that time the unit was not in existence. Later the same was added, intimation was given to the officers of LTU, the credit was transferred, thereafter only. In such situation, there is no reason to deny the transfer of such credit which is otherwise legitimately available to the appellant - there is no violation of any provisions or any serious threat to the Revenue of the Govt. in such transfer which involves procedure available to the units enrolled in LTU - appeal allowed - decided in favor of appellant. - E/4074-4075/2010-[DB] - Final Order No. 50677-50678/2017 - Dated:- 6-2-2017 - Mr. S.K. Mohanty, Member (Judicial) and Mr. B. Ravichandran, Member (Technical) Mr. Amit Jain (Advocate) for the Appellant Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 008 they have requested the Additional Commissioner LTU for transfer of ₹ 3 Crores from cenvat account of Pune Unit to other two units. The Revenue entertained a view that the transfer of credit from one unit to another unit of LTU of assessee is permissible only after all the units were duly registered with the LTU and accordingly, proceedings were initiated against the appellant to deny the credits transferred in November 2008 and June 2009 to August 2009. Impugned orders denied the credit so transferred on the ground that such transfers are not covered by the legal provision of Rule 12A(4) of Cenvat Credit Rules, 2004. 2. The Ld. Counsel for the appellant submitted that there is no dispute regarding the eligibility of credit ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only in September, 2009. 4. We have heard both the sides and perused the appeal records. 5. The only issue for decision in these appeals is that whether the appellants are right in transferring the portion of their credit available in Pune factory to other two factories, all three being part of single point registration under LTU, New Delhi. Admittedly, the denial is only on the ground that such transfer was done before formal addition of Pune Unit in the revised registration. Having the background of facts as narrated above, it is clear that though the consent for registration in LTU was called for in 2006 itself, the LTU became operational in New Delhi only in 2008. The consent letter of the appellant was approved and the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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