2009 (8) TMI 1040

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...., SDR, for the Respondent. ORDER The applicant filed this application for waiver of pre-deposit of duty of Rs. 3,15,170/- and penalty of equal amount. 2. After hearing both the sides and on perusal of the records, it is seen that the applicant unit was merged with unit of M/s. Pankai Glass Works. The applicant availed the Cenvat credit of Rs. 3,15,170.00 transferred by M/s. Pankaj Glass W....

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....in support of the credit, which was transferred from the other unit. 4. I find that Rule 10 (3) provides that the transfer of Cenvat credit shall be allowed only if the stocks of inputs as such or in process, or the capital goods is also transferred along with the factory or business premises to the new site or ownership and the inputs, or capital goods, on which credit has been availed of are ....