https://www.taxtmi.com/caselaws?id=114953 Where Modvat credit is transferred on amalgamation, prior departmental permission is a substantive condition for availing the credit and cannot be treated as a mere curable procedural lapse. The transferee could not directly take the credit without compliance with the prescribed permission requirement. However, if otherwise eligible on the basis of the amalgamation, the transferee may seek transfer of the credit before the competent Central Excise authority, which must decide the request in accordance with law after hearing the assessee. en-us Mon, 31 Jan 2005 00:00:00 +0530 Tue, 22 May 2012 15:44:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=114953 Where Modvat credit is transferred on amalgamation, prior departmental permission is a substantive condition for availing the credit and cannot be treated as a mere curable procedural lapse. The transferee could not directly take the credit without compliance with the prescribed permission requirement. However, if otherwise eligible on the basis of the amalgamation, the transferee may seek transfer of the credit before the competent Central Excise authority, which must decide the request in accordance with law after hearing the assessee. Case-Laws Central Excise Mon, 31 Jan 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=114953