2016 (9) TMI 195

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.... Shri K. Veerabhadra Reddy, JC (AR) for the Respondent ORDER: The only grievance of the appellant is whether unutilized CENVAT credit lying in its account prior to its shifting from Hosur to Bangalore shall entitle it to avail the same consequent upon such shifting. 2. Revenue denies the credit on the ground that Rule 10 of the CENVAT Credit Rules, 2004 does not permit a shifting unit ....

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.... Vs. CESTAT 2009 (240) ELT 367 (Mad.) does not disentitle the appellant to the unutilized credit consequent upon its shifting. 4. Heard both sides and perused the records. 5. The dispute arises only due to interpretational error under Rule 10(1) of CENVAT Credit Rules, 2004. The said rule is reproduced for appreciation and resolution of the controversy: "RULE 10. Transfer of CENVAT ....

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....shifted factory also stands in similar footing to avail such benefit. However in so far as shifting cases are concerned, Revenue denies such benefit. 6.2 It appears that in absence of the word shifted in the last part of the sentence appearing in Rule 10(1) CENVAT credit Rules, 2004 Revenue denies similar status to the shifted factory as that has been granted to sold, merged, leased or amalgama....