2014 (4) TMI 93

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t : Mr S P Seth, Adv. For the Respondent : Mr Ahibaran, Addl Comm (AR) JUDGEMENT Per: P R Chandrasekharan: 1. The appeal and stay petition are directed against order-in-original No. Sl. No. KLH-EXCUS-000-CO-M-001-13-14 dated 19/08/2013 passed by the Commissioner of Central Excise, Kolhapur. 2. Vide the impugned order, the Cenvat credit amounting to Rs.1,88,20,958/- has been disallow....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t Credit attributable to those inputs and took credit of the same at Kolhapur. The appellant still had outstanding credit lying in their account amounting to Rs.1,88,20,958/-. This amount was subsequently transferred when they surrendered the Central Excise licence at Silvassa and taken credit at Kolhapur. The department has alleged that under Rule 10 (3) of the CCR, 2004, the appellant can take c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s transferred, such a transfer does not contravene the terms and conditions stipulated in sub-rule (3) of Rule 10 of Cenvat Credit. He also relies on the decision of this Tribunal in the case of Ispat Industries Ltd. Vs. CCE, Raigad -, Fabrico (India) Pvt. Ltd. Vs. CCE, Meerut - 2012 (284) ELT 69 (Tri-Del) and the decision of the Hon'ble Madras High Court in the case of CCE, Pondicherry Vs. CE....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ansferred from one site to another, the credit lying the books of accounts can be transferred. Sub-rule (3) further stipulates that, if any inputs and capital goods are lying, then they should also be transferred to the new site. The said Rule, nowhere stipulates that the credit that can be transferred should be attributable to the inputs or capital goods that are transferred. Even if excess credi....