TMI Blog2009 (1) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... ed law, no such permission was required to be taken by the appellants to avail the balance of CENVAT credit when the erstwhile assessee got merged with KPCL The impugned order, therefore, is not sustainable in law – transfer of credit allowed - E/919/2006 - 127/2009 - Dated:- 27-1-2009 - Shri P. Karthikeyan, Member (T) Shri S. Venkatachalam, Advocate, for the Appellant. Shri M.K.A.K. Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ules, 2004 (CCR). Adjudicating the Show Cause Notice, the original authority confirmed the proposal in the notice also on the basis that the appellants had not accounted to the satisfaction of the authorities its eligibility to credit. Vide the impugned order the Commissioner (Appeals) affirmed the order of the original authority. 2. The appellants have assailed the impugned order mainl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d pursuant to a Show Cause Notice which had alleged that the appellants had not taken permission from the Deputy Commissioner of Central Excise to qualify for availing the balance of CENVAT credit at the time of the merger of M/s. United Silicates Pvt. Ltd. to become M/s. Kiran Pondy Chems Ltd. The order of the original authority and the order of the Commissioner (Appeals) are based also on the gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toms, Bangalore reported in 2007 (211) E.L.T. 263 (Tri.-Bang.) = 2007 (6) S.T.R. 155 (Tri.-Bang.), the Tribunal had held as follows:- "As regards prior permission for transfer of credit, we find that as per Rule 10, there is no requirement of obtaining any prior permission from any authority. Moreover, the Tribunal, in the case of Solaris Bio-chemicals Ltd. v. Commissioner of Central Exice V ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
