2015 (7) TMI 339

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....D SHRI B.S.V.MURTHY, JJ. For The Appellant : Mr. G. Shivadas, Adv For The Respondent : Mr. Pakshi Rajan, A.R. ORDER Per : ARCHANA WADHWA After hearing both sides in support of the stay petition, we find that M/s BILT Graphic Paper Products Ltd., Ballarpur was importing various raw-materials on which they were paying duty of basic customs, countervailing duty as also special addition....

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....ere is no dispute about the transfer of SAD credit from 1st Unit to the 2nd Unit. Thereafter, the appellant sold their company to the present appellant M/s Ballarpur Industries Ltd, Kamalapuram. With the sale of the company, the balance of the entire credit of customs duty was transferred by them to the new Company i.e. the appellant in terms of the provisions of Rule 10 of CENVAT Credit Rules 200....

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....le 10A of the CENVAT Credit Rules. In such a scenario, the objection raised by the Revenue cannot survive. 3. We find force in the above contention of the appellant. Admittedly the inputs were received on which duty was paid and credit was availed. It is also seen that the Revenue is not disputing the transfer of other unutilized accumulated credits to the new Unit by operation of Rule 10A. SAD....