Sevice Tax Input Credit

[HITENDRA DAVE]

Dear Sir

Our company name has been  Changed from X TO Y  factory address is same , we have apply for Cenvat Transfer from X TO Y  under rule 10,  my  question is in service tax credit we have not taken last four year , can we take same without permission from the  excise authority or same rule10 applicable. service tax credit stand in crore's in our legder

Please  Advice with case law , procedure if any

[YAGAY andSUN]

Rule 10 is applicable when factory is shifted from one place to another, in your case, it just change in the name of the company, therefore, no need to take any permission from the Central Excise Department or Service Tax Department.  Only an intimation in this regard will suffice the requirement.

AI Summary

Company name change does not trigger Rule 10; intimation suffices to transfer service tax input credit. A corporate name change without any change of factory premises does not invoke Rule 10 (which addresses factory shifts). Therefore no prior permission from Central Excise or Service Tax authorities is required to transfer or claim accumulated service tax/Cenvat credit in such circumstances; a formal intimation to the department suffices.