2023 (2) TMI 229

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....ellant Shri Rajesh K Agarwal, Superintendent (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....

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.... K Agarwal, learned Superintendent (AR) appearing 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 reaso....

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....s by- (i) making an entry for such transfer in the documents 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 t....

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....f duty which was already paid. Therefore, by transfer of credit there is no Revenue 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 t....