https://www.taxtmi.com/caselaws?id=88035 Unutilised Modvat credit in RG 23A may be transferred when a factory or unit is closed and its plant, machinery and materials are shifted to another site of the same manufacturer, subject to the conditions in Rule 57F(6). The transfer cannot be refused merely by treating the arrangement as a merger or amalgamation, because closure and relocation within the same manufacturer do not amount to such a corporate reorganisation. The departmental refusal on that basis was therefore unsustainable, although the actual transferable amount still requires verification against the eligible credit balance. en-us Tue, 07 Oct 1997 00:00:00 +0530 Wed, 14 Sep 2011 15:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=88035 Unutilised Modvat credit in RG 23A may be transferred when a factory or unit is closed and its plant, machinery and materials are shifted to another site of the same manufacturer, subject to the conditions in Rule 57F(6). The transfer cannot be refused merely by treating the arrangement as a merger or amalgamation, because closure and relocation within the same manufacturer do not amount to such a corporate reorganisation. The departmental refusal on that basis was therefore unsustainable, although the actual transferable amount still requires verification against the eligible credit balance. Case-Laws Central Excise Tue, 07 Oct 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=88035