REFUND OF CENVAT CREDIT

[Ramesh M]

Dear Exports,

We have two units in different locations and different ECC numbers, due to technical issues we are surrendering/closing one unit, Issue is there is unutilized cenvat credit available, can we transfer cenvat credit to other unit ? Please advice !!

AI Summary

Company Can Transfer Unutilized Cenvat Credit Between Units Under Rule 10, Refund Possible Per Case Law Decision A company with two units at different locations, each with separate ECC numbers, is closing one unit and inquires about transferring unutilized Cenvat credit to the other unit. The response indicates that such a transfer is permissible under Rule 10 of the Cenvat Credit Rules, 2004, and a refund is also possible. The reply references a case law decision by the Apex Court, specifically 2016 (6) TMI 314 - CESTAT Chennai, involving Leo Oils & Lubricants versus the Commissioner of Central Excise, Chennai.