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    <title>2009 (7) TMI 1121 - COMMISSIONER OF CENTRAL EXCISE (APPEALS), PUNE-II</title>
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    <description>Transfer of unutilized CENVAT credit from a closed unit to a new unit was upheld where the assessee informed the department of closure, cleared inputs and finished goods on payment of duty, surrendered registration, and obtained permission for transfer. The absence of physical movement of inputs and capital goods was not treated as fatal, because the clearance on duty payment satisfied the transfer arrangement and the rules did not require a rigid one-to-one correlation between transferred goods and the credit shifted. Disallowance of the credit was therefore unsustainable.</description>
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      <description>Transfer of unutilized CENVAT credit from a closed unit to a new unit was upheld where the assessee informed the department of closure, cleared inputs and finished goods on payment of duty, surrendered registration, and obtained permission for transfer. The absence of physical movement of inputs and capital goods was not treated as fatal, because the clearance on duty payment satisfied the transfer arrangement and the rules did not require a rigid one-to-one correlation between transferred goods and the credit shifted. Disallowance of the credit was therefore unsustainable.</description>
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