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Commissioner of Central Excise, Aurangbad Versus Varroc Polymers Pvt. Ltd.

2018 (2) TMI 896 - CESTAT MUMBAI

CENVAT credit - demerger of appellant Company wherein CENVAT credit were lying unutilised - case of Revenue is that the invoice is in the name of other party and on which respondent has availed CENVAT credit therefore they are not entitled to avail CENVAT credit - Held that: - Identical issue came up before Tribunal in the case of Commissioner of Central Excise v. Samruddhi Cement Ltd. [2013 (8) TMI 877 - CESTAT MUMBAI], where it was held that If the factory is transferred on account of change i .....

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edit - Held that: - in the show-cause notice it is mentioned that on 23.07.2010 itself the respondent has intimated to the department for demerger and availment of CENVAT credit. Moreover as per Rule 10 of Cenvat Credit Rules, 2004, there is no such requirement to obtain prior permission for demerger of the Company - CENVAT credit rightly availed. - Appeal dismissed - decided against Revenue. - E/86709/15 & E/CO/91156/15 - A/91824/2017 - Dated:- 10-11-2017 - Mr. Ashok Jindal, Member (Judicia .....

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de order of the Hon'ble High Court of Bombay dated 18.06.2016. As per the direction of the Hon ble High Court, the respondent s Company was formed and CENVAT credit was lying unutilised. The case of Revenue is that the invoice is in the name of other party and on which respondent has availed CENVAT credit therefore they are not entitled to avail CENVAT credit. But the factual aspect of the case is that the invoices in the name of M/s. Varroc Engineering Pvt. Ltd. has been demerged and respon .....

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. 3. Heard the parties. 4. Identical issue came up before Tribunal in the case of Commissioner of Central Excise v. Samruddhi Cement Ltd. - 2014 (314) ELT 826 wherein the Tribunal itself has observed as under and allowed CENVAT credit:- 6.1 Rule 10(1) of the Cenvat Credit Rules, 2004, reads as follows : 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, .....

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rovision for transfer of liabilities of such factory, then, the transferor will be allowed to transfer the Cenvat credit lying unutilized to the transferee company. In the present case there is no dispute that the factory has been transferred to appellant and there is a change in ownership and the appellant has taken over the liabilities of the transferor. From a plain reading of the provisions of the Cenvat Credit Rules, it is absolutely clear that the appellant is rightly entitled for the tran .....

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