9911796707
TMI Blog2023 (12) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... SIPCOT Industrial Estate, Mambakkam, Sriperumbudur, Kancheepuram District and Unit II was situated in Kalitheerthalkuppam, Mannadipet Commune, Puducherry. The appellant informed the department that they intend to close down the Puducherry unit and to transfer the assets and liabilities to their Sriperumpudur unit. The adjudicating authority rejected the request of the appellant to transfer unutilized cenvat credit. Aggrieved by such order, the appellant filed appeal before the Commissioner (Appeals) who upheld the rejection of request to transfer the unutilized cenvat credit to the Sriperumbudur unit. Against the said order, the appellant is before the Tribunal. 2. The Ld. Counsel Sri M.N. Bharathi appeared and argued for the appellant. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se may be, the Assistant Commissioner of Central Excise." 3. It is argued by the learned counsel for the appellant that the department has rejected the request for transfer of unutilized cenvat credit holding that the above provision does not include closure of factory. The Hon'be High Court of Madras has considered the very same issue in the case of CCE Chennai Vs Featherlite Products Pvt. Ltd. - 2017 (353) ELT 439 (Mad.) and held that the transfer of credit in the cases of closure of factory is permissible in terms of Rule 10 of CCR 2004. The said decision was followed by the Tribunal in the case of Tejas Networks Ltd. Vs Commissioner of GST & Central Excise - 2022 (2) TMI CESTAT CHENNAI. So also, similar view was taken in the case of Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, could only be made available to the respondent/assessee, if, the stock of inputs, as such, or in process, or capital goods were also transferred to the new site. 14. According to us, this was not an aspect, which was adverted to by the Adjudicating Authority, while, deliberating on the issue concerning transfer of unutilized Cenvat credit by the respondent/assessee to its Bangalore unit. 14.1 Furthermore, as indicated in our narration, the entire original record was made available to the Adjudicating Authority for examination. 14.2 We have been shown the copy of the reply filed which details out the annexures appended thereto. A perusal of the same leaves no manner of doubt that information qua this aspect was supplied, which is w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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