2014 (4) TMI 93

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....ondent : 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 disallowed to the appellant, M/s. Kirloskar Oil Engin....

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....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 credit only if the inputs and capital goods are ....

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....ene 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. CESTAT - 2008 (230) ELT 209 (Mad) affirmed by the....

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....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 credit is available in the books or accounts, the same can....