2007 (9) TMI 92

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....isposal with the consent of both sides. 2. The subject application has been filed by M/s. Sunpack, Pondicherry' to waive pre-deposit to heat-its appeal against the order of the Commission (Appeals) dated 12-3-2007. In the impugned order, on appeal filed by the Department, the Commissioner had confirmed a demand of Rs. 3,89,970/- being the excess credit compared to the credit corresponding to th....

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....ctional Deputy Commissioner. The Joint Commissioner had dropped the proceedings after perusing also the reports sent by the appellants to the Deputy Commissioner on the same subject. 4. Ld. SDR reiterates the findings contained in the impugned order. 5. I have studied the case records and the submissions made by both sides. I find that the appellants had shifted their factory to a different ....

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....sale, merger, amalgamation, Tease or transfer of factory to a joint venture with the specific provision for transfer of liabilities of such factory, then the manufacturer shall be allowed to transfer the Cenvat credit lying unutilized in his accounts to such transferred, sold, merged, leased or amalgamated factory (2) The transfer of Cenvat credit under sub rule (1) shall be allowed only if the....