2013 (11) TMI 1182

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.... Per. Rakesh Kumar :- The appellant on 10/2/11 took over the factory of M/s National Cable Industries in the terms of their appellant's agreement with them. According to the appellant, at the time of taking over of the factory from its previous owner M/s National Cable Industries there was certain stock of inputs involving Cenvat credit of Rs. 1,34,210/- lying with the previous owner and that....

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.... that at the time of taking over of the factory from its previous owner, the stock of inputs was also available and that this stock had been checked by the Jurisdictional Central Excise authorities who had visited the factory prior to issue of registration certificate, therefore, the Cenvat credit should be allowed, was not accepted. On appeal to Commissioner (Appeals), the same plea was made by t....

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....king the Cenvat credit of this amount and in this regard he relies upon the Tribunal judgment in the case of Om Glass Works Pvt. Ltd. vs. CCE, Kanpur reported in 2012 (279) E.L.T. 313 (Tri. - Del.) and also in the case of CCE, Pune - II vs. Dow Agro Sciences India (P) Ltd. reported in 2010 (261) E.L.T. 225 (Tri. - Mumbai), that the appellant have strong prima facie case and, hence, the requirement....

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....re is no evidence, there is no remark in the RG-23A register of the Jurisdictional Central Excise officer to the effect that he had verified the stock of the inputs, that in view of this, the Cenvat credit has been correctly denied and, hence, this is not the case for waiver from the requirement of pre-deposit. 5. I have carefully considered the submissions from both the sides and perused the r....