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    <title>2000 (7) TMI 166 - CEGAT, COURT NO. II, NEW DELHI</title>
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    <description>Unutilised Modvat credit was treated as transferable on clubbing of factory units because the credit account is factory-wise and merger of one unit into another brought the statutory merger condition into play. The transfer was not invalidated merely because the Superintendent recorded the permission with endorsement to the Assistant Commissioner, since the power had been delegated to the Assistant Commissioner and no disapproval was shown. A show cause notice issued within the applicable period was not time-barred. Withdrawal of permission was held unsustainable after the merged unit had ceased to exist and the transfer had already been acted upon, making restoration of the earlier position impracticable.</description>
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    <pubDate>Mon, 10 Jul 2000 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=50170</link>
      <description>Unutilised Modvat credit was treated as transferable on clubbing of factory units because the credit account is factory-wise and merger of one unit into another brought the statutory merger condition into play. The transfer was not invalidated merely because the Superintendent recorded the permission with endorsement to the Assistant Commissioner, since the power had been delegated to the Assistant Commissioner and no disapproval was shown. A show cause notice issued within the applicable period was not time-barred. Withdrawal of permission was held unsustainable after the merged unit had ceased to exist and the transfer had already been acted upon, making restoration of the earlier position impracticable.</description>
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