2015 (10) TMI 1802

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....ER Per: Ashok Jindal: The appellant is in appeal against the impugned order for denial of Cenvat Credit lying unutilized in the account of M/s National Cable Industries which was taken over by the appellant by agreement dated 10.02.2011 which was effective from 01.12.2012. The facts of the case are that the appellant vide agreement dated 10.02.2011 took over the business of M/s National Cabl....

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....judication. 2. Aggrieved from the said order appellant is before me. 3. The Ld. Counsel for the appellant submits that Rule 10 of the Cenvat Credit Rules 2004 is applicable to the facts of this case and as per Rule 10(3) of the said rules the appellant has rightly taken the credit as they have intimated to the department for available credit by ER returns regularly and the concerned inspecto....

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....of the same. 5. Heard the parties. Considered the submission. 6. In this case the sole allegation against the appellant is that there is no such permission to take Cenvat Credit as per rule 10 (3) of the Cenvat Credit Rules 2004. I have gone through the provision of the rule 10(3) which is as under: "The transfer of the Cenvat Credit under sub-rules (1) and (2) shall be allowed only if th....