can we eligible for transfer or refund of Cenvat Credit?

[chaganti srinivas]

Dear Sir,

  Kindly advice on the query mentioned below, in order to minimise our manufacturing operations, we are in the process of closing one of our small units (Regd. with Central Excise & Service Tax) and the process which was done here in hither to, to the shifted to our another unit (same entity) can we transfer the unutilised Cenvat credit from the books of our frist unit (small unit) to the our second unit

if the department overrule to sanction of Cenvat credit, can we apply for refund of the Cenvat accumulated in the first unit.  Thanks to all.  BENARJEE  GOVADA

AI Summary

Cenvat credit transfer permitted when a factory or business transfers, subject to transfer of inputs and satisfactory accounting.
Transfer of CENVAT credit is permitted where a manufacturer or service provider shifts or transfers a factory or business due to change in ownership, sale, merger, amalgamation, lease or transfer to a joint venture with transfer of liabilities; the transfer is allowed only if stocks of inputs or capital goods are transferred with the premises and are duly accounted for to the satisfaction of the Deputy Commissioner or Assistant Commissioner of Central Excise.