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2023 (2) TMI 229

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....rintendent (AR) for the Revenue. ORDER In the present case the appellant was denied Cenvat credit by the Revenue on the ground that Cenvat credit of other unit i.e. Moriya unit was transferred to appellant's unit before the due date and utilized the same for payment of duty in terms of Rule 10A of Cenvat Credit Rules, 2004. 2. Shri M.G. Yagnik, learned Counsel appearing on behalf of the appella....

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....ring for the Revenue reiterates the findings of the impugned order. 4. I have carefully considered the submissions made by both the sides and perused the record. I find that the lower authorities have denied Cenvat credit on the challans issued for transfer of credit from their other unit at Moriya to the unit of the appellant at Changodar. The reason for denial was that credit was transferred tw....

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....ocuments maintained under rule 9; (ii) issuing a transfer challan containing registration number, name and address of the registered premises transferring the credit and receiving such credit, the amount of credit transferred and the particulars of such entry as mentioned in clause (i), and such recipient premises may take CENVAT credit on the basis of the transfer challan. From the above Rul....

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....evenue implication. Moreover, for the early transfer of credit and availment thereof, the appellant has admittedly paid the interest due to which the availment of credit shall be treated as on last date of the quarter in both the cases. Therefore, only for early transfer, credit cannot be denied. 5. Without prejudice to the above findings, I further find that if at all there is lapse, it is on th....