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2018 (7) TMI 853

Transfer of Credit - Rule 10 of CCR, 2004 - denial on the ground that the appellant have not obtained the prior permission for transfer of credit and stock of the goods - Held that:- Rule 10 does not prescribe any procedure to be followed for transfer of the credit lying unutilized from transferred unit to transferee unit. The only requirement is that if any stock of raw-material, capital goods and other goods on which Cenvat credit had been availed, the same should also be transferred to the tr .....

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: Shri Mukund Chauhan, CA For the Respondent : Shri Sameer Chitkara,Addl. Commr, (AR) ORDER Per : Mr. Ramesh Nair The facts of the case are that the appellant shifted their factory including plant & machinery equipments and raw-material to their Surat Unit. They have also transferred the unutilized credit lying in the books of Silvassa Unit to Surat Unit under Rule 10 of CCR, 2004. Revenue has denied the credit on the ground that the appellant have not obtained the prior permission for trans .....

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though all these requirements is not prescribed, but, the appellant have taking precautionary measure and informed the department of their bonafide, therefore, there is no reason to deny the transfer of credit to their Surat Unit. He placed reliance on the judgement of this Tribunal in the case of Kirloskar Oil Engines Ltd. Vs. Commissioner of Central Excise, Kolhapur - 2014 (304) ELT 317 (Tri.-Mumbai) and Kiran Pondy Chem Ltd. Vs. Commissioner of Central Excise, Coimbatore-2009 (239) ELT 192 ( .....

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n his accounts to such transferred, sold, merged, leased or amalgamated factory. As per the reading of the above Rule 10, it is observed that the Rule does not prescribe any procedure to be followed for transfer of the credit lying unutilized from transferred unit to transferee unit. The only requirement is that if any stock of raw-material, capital goods and other goods on which Cenvat credit had been availed, the same should also be transferred to the transferee unit. Only with this aspect, th .....

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t. Moreover, it is observed that the appellant vide their letter dated 09.11.2012 and 10.12.20112 intimated to the Jurisdictional Assistant Commissioner of Silvassa as well as Surat regarding the transfer of factory including plant & machinery, stock of raw-material and transfer of unutilized credit. The Jurisdictional Assistant Commissioner should have satisfied himself about the correctness of the transfer of credit on the basis of Cenvat account of both the Units. Without doing, merely on .....

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