TaxTMI 
TaxTMI 
2022 (11) TMI 857
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....ion No 30/2004 there was an exemption from payment of duty with the condition that the assessee shall not avail the cenvat credit. As per the another notification 29/2004-CE the assessee was allowed a concessional rate of duty where cenvat credit can be availed on the inputs used in the manufacture of finished goods. On 09.07.2004 the appellant have carried forward the accumulated or utilized cenvat credit and out of that they have utilized credit for payment of duty on the goods cleared under Notification No. 29/2004-CE . The case of the department is that the credit which was carried forward should be lapsed and the same could not have been utilized for the payment of duty. Accordingly, the amount of utilized cenvat credit were proposed t....
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....carried forward as on 09.07.2004 on the ground that the appellant was not entitled to utilize the cenvat credit as the same was supposed to be lapsed and consequently, the appellant have wrongly transferred the credit from their Silvasa unit to the Surat Unit. I find that on both the issue this tribunal has passed the following order. • Final Order No A/10195/2015 dated 04.02.2015 "2. On perusal of impugned order, we find that the Commissioner (Appeals) observed that neither the show cause notice nor the adjudicating authority has clearly mentioned the facts regarding the maintenance of separate records by the appellants. The appellant in the grounds of appeal stated before the Commissioner (Appeals) they have maintain....
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.... in process or is contained in the final product lying in stock, if,- (i) he opts for exemption from whole of the duty of excise leviable on the said final product manufactured or produced by him under a notification issued under section 5A of the Act; or (ii) the said final product has been exempted absolutely under section 5A of the Act, and after deducting the said amount from the balance of CENVAT credit, if any, lying in his credit, the balance, if any, still remaining shall lapse and shall not be allowed to be utilized for payment of duty on any other final product whether cleared for home consumption or for export, or for payment of service tax on any output service, whether provided in India or exported. I....
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.... As per the reading of the above Rule 10, it is observed that the Rule does not prescribe any procedure to be followed for transfer of the credit lying unutilized from transferred unit to transferee unit. The only requirement is that if any stock of raw-material, capital goods and other goods on which Cenvat credit had been availed, the same should also be transferred to the transferee unit. Only with this aspect, the Jurisdictional Assistant Commissioner or Deputy Commissioner as the case may be, should be satisfied. This fact can be verified from the Cenvat account of transferee unit and Cenvat account of transferee unit. Since, there is no requirement, the Adjudicating Authority imposing condition on the appellant that they should h....