2012 (8) TMI 248

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....p; 2. A cross objection filed by the respondent company being only a submission in support of the impugned order, it is being disposed of as such.   3. Heard both sides and perused the records.   4. The issue involved in this case is regarding the eligibility of the respondent herein to avail the cenvat credit which has been reversed by them during the period when they were DTA and subsequently clubbed together to form and function as a one single unit.   5. Ld. departmental representative would assail the order and submit that the grounds of appeal may be read, the relevant grounds are reproduced.   1. The unit II had, on their own, reversed the credit by debiting Rs.7,26,645/- from their Cenvat Credit ba....

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....ght to be re-stored, as there is no provision in law for such a transfer .   3. It is further submitted that had this amount of Cenvat credit been available as balance in the accounts of Unit II at the time of merger, even then the transfer of credit would have been permitted only if the particular inputs (on which the credit has been availed) were available with the Unit and accounted for, to the satisfaction of the jurisdictional Deputy Commissioner. Any unutilized credit lying in balance, not within the ambit of sub rule (3) of Rule 10 of Cenvat Credit Rules, 2004, would have lapsed.   4. It is further submitted that this is a case where the claimant Unit reversed the credit on their own, raised debit note on the Supplier....