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2018 (7) TMI 843

Transfer of credit - denial of transfer of credit from the predecessor unit namely M/s Varun Enterprises to M/s. Varun Pressing Pvt. Ltd - Rule 10 of the Cenvat Credit Rules, 2004 - the department has sought to deny the credit stating that when the Range Officer visited he was not able to verify for the reason that goods were lying haphazardly on the shop floor - Held that:- If Range Officer would have made effort, he could have physically verified the stock which he failed to do so. For failure .....

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lding the order of the Jt. Commissioner denying such transference and imposing equivalent penalty of the amount sought to be transferred the reasons advanced by the Commissioner (Appeals) is that when the Range Officer visited the unit he was unable to verify the stocks for reason that; the goods were lying haphazardly on the shop floor; and certain more goods were received during the period intervening the date of transfer of unit and date of stock verification. 3. I have heard Shri Rajesh Ostw .....

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in a position to produce any stock register on that time. Thereafter, show-cause notice was issued for denial and recovery of such credit on transference and imposition of penalties for the credit wrongly taken. The matter has been adjudicated by the adjudicating authority wholly on the ground that as required under Rule 10(3) of Cenvat Credit Rules, 2004, 2004 appellant have failed to maintain and furnish any documentary evidence in support of stock of inputs/capital goods that has been transf .....

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not in a position to produce stock register as they do not maintain them. On the basis of them, learned A.R. pleaded for upholding the order. 6. Considered the submissions made by both sides and perused the records. 7. The basic reason for allowing the transfer of credit is with regard to Rule 10(3) of Cenvat Credit Rules, 2004 which is reproduced below:- (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 .....

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r visited he was not able to verify for the reason that goods were lying haphazardly on the shop floor. It is not even the case of department that the goods as declared vide letter dated 2.8.2013 were not available there. If Range Officer would have made effort, he could have physically verified the stock which he failed to do so. For failure of the Range Officer to perform his duty, the credit due is not to be denied to the appellant. In the present case, it is also not stated that the stocks w .....

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