2010 (6) TMI 743

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....for the Appellant. Shri U. Raja Ram, DR, for the Respondent. ORDER [Order per : M.V. Ravindran, Member (J)]. - This stay petition is filed for waiver of pre-deposit of the following amounts :- (i)     Rs. 1,13,18,101/- being Cenvat credit wrongly taken without taking permission from JAC as required under Rule 10(3) of Cenvat Credit Rules, 2004; (ii)   &....

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....the lower authorities have denied the Cenvat credit availed on the ground that the appellant has not obtained permission for transfer of credit lying the balance at the time of merger of the units from the Jurisdictional Deputy Commissioner or Assistant Commissioner. He submits that there is no requirement of seeking permission for transfer of credit as decided by this Bench in the case of Hewlett....

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.... (ii)        Keihin Fie v. CCE [2007 (213) E.L.T. 637 (Tri. - Mum.)] (iii)        ACE Timez v. CCE, Bangalore [2004 (170) E.L.T. 371 (Tri. - Bang.)]. 4. Ld. DR, on the other hand, draws our attention to the findings of the lower authorities. It is the submission that as per provisions of Rule 10(3) of the Cenvat Cr....

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.... on such capital goods in the same financial year. Hence the assessee is not entitled to avail the credit in subsequent years. 5. We have carefully considered the submissions made by both sides and perused the records. As regards the transfer of credit in the event of merger, Rule 10(3) of the CCR, 2004, does not envisage obtaining prior permission for transfer of credit. We find that Show....