2007 (9) TMI 496

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.... the Respondent. [Order]. - After hearing both sides, I dismiss the stay application and take up the main appeal for final disposal with the consent of both sides. 2. The subject application has been filed by M/s. Sunpack, Pondicherry to waive pre-deposit to heat-its appeal against the order of the Commissioner (Appeals) dated 12-3-2007. In the impugned order, on appeal filed by the ....

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....ited their factory and verified the stock of inputs and capital goods and the credit transferred. He had reported the position to the jurisdictional Deputy Commissioner. The Joint Commissioner had dropped the proceedings after perusing also the reports sent by the appellants to the Deputy Commissioner on the same subject. 4. Ld. SDR reiterates the findings contained in the impugned order. ....

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....1) If a manufacturer of final products shifts his factory to another site or the factory is transferred on account of change in ownership or on account of sale, merger, amalgamation, lease or transfer of factory to a joint venture with the specific provision for transfer of liabilities of such factory, then the manufacturer shall be allowed to transfer the Cenvat credit lying unutilized in hi....