2006 (12) TMI 363

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.... BY : Shri U.H. Jadhav, JDR, for the Appellant. Shri V.S. Sejpal, Advocate, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - The respondent herein is a composite mill comprising various units such as spinning plant, weaving plant and processing plant, located at Dadar, Mumbai. In the spinning plant, yarn was manufactured out of fibre, and either cleared on payment o....

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.... notice dated 15-3-2004 was issued to the assessees proposing rejection of their request, and the notice was adjudicated vide order dated 19-3-2004 by the Assistant Commissioner, rejecting the claim on the ground that they had shifted only the spinning unit/plant from Dadar to Dhamni and had not shifted the entire factory, as required under Rule 8 of the Cenvat Credit Rules, 2002.Vide order dated ....

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....he amount standing in balance on the date of transfer of spinning unit to Dhamni, and that there is no provision for grant of cash refund. The Commissioner (Appeals) vide his order dated 29-9-2005, allowed the appeal of the assessees against the order dated 12-5-2005; this has given rise to Appeal No. E/4197/05 by the Revenue. 3. We have heard both sides. 4. Rule 8 of the Cenvat Cr....

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....inputs, or capital goods, on which credit has been availed of are duly accounted for to the satisfaction of the Commissioner." The Rule permits transfer of cenvat credit only if the factory is shifted to another site or is transferred due to change of ownership, sale, merger, amalgamation, lease or transfer of factory to a joint venture. The Rule does not permit transfer of credit if only a par....