2015 (12) TMI 71 - AT - Central Excise

Transfer of CENVAT Credit - whether the Cenvat credit of ₹ 3,30,315/- lying in the records of transferor of Gurgaon shall be admissible to transferee at Noida - Held that - There was no provision in law at the relevant point of time requiring prior permission or previous approval of the authority to transfer the credit while the input and capital goods moved. - In absence of such a mandate in law, denial of permission to transfer the Cenvat credit is unjustified - Decided against Revenue.

Summary

The dispute was about the admissibility of Cenvat credit transfer. The tribunal allowed the appeal of M/s. Delphi Automotive Systems Pvt. Ltd., stating denial of permission to transfer the credit was unjustified. The appeal of Revenue was dismissed.