2008 (7) TMI 383

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....n, J.].- The Department has filed an appeal questioning the correctness of the order of the Tribunal dated 3-7-2007 passed by the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as "the CESTAT") in Final Order No. 818 of 2007 [2007 (217) E.L.T. 136 (Tribunal)], whereby the Tribunal allowed the appeal filed by the assessee for transfer of the unutilized CENVAT credit to ....

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....isallow the said transfer of credit under Rule 10 of Cenvat Credit Rules, 2004 and as such, an order was passed in Original No. 69 of 2005 on 30-11-2005. The same was carried on by an appeal to the Commissioner of Appeals, Chennai, who vide order-in-Appeal No. 8/2007 (P) dated 5-1-2007 rejected the appeal. Aggrieved by the same, the assessee has carried the matter to the CESTAT, which by its order....

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....ansfer 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) If a provider of output service shifts or transfers his business on account of change in ownership or on account of sale, merger, amalgamation, lease or transfer of the business to a jo....

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....is Court in C.M.A. No. 1808 of 2008 [2008 (230) E.L.T. 209 (Mad.)], wherein by judgment dated 10-7-2008 held that the requirement of the provision is that if the stock of the inputs as such or in process or the or the capital goods is also transferred along with the factory or business premises to the new site or ownership and the inputs, or capital goods, on which credit has been availed of are d....