https://www.taxtmi.com/caselaws?id=205472 The Tribunal dismissed the appeal, upholding the demand for reversal of Cenvat credit when transferring capital goods between factories manufacturing exempted goods. The penalty under Section 11AC was set aside due to the transfer being intimated to the department. The Tribunal ruled that Rule 10(3) does not cover capital goods transfer in this scenario, and Rule 3(5) should apply. Since the new factory was exempt from Excise duty, the transfer of credit was not viable, leading to the dismissal of the appeal. en-us Wed, 27 Apr 2011 00:00:00 +0530 Tue, 11 Jun 2013 10:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=205472 The Tribunal dismissed the appeal, upholding the demand for reversal of Cenvat credit when transferring capital goods between factories manufacturing exempted goods. The penalty under Section 11AC was set aside due to the transfer being intimated to the department. The Tribunal ruled that Rule 10(3) does not cover capital goods transfer in this scenario, and Rule 3(5) should apply. Since the new factory was exempt from Excise duty, the transfer of credit was not viable, leading to the dismissal of the appeal. Case-Laws Central Excise Wed, 27 Apr 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=205472