9911796707
TMI Blog2010 (10) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... different units under two different names - As the provisions of Rule 10 do not apply to the facts of the case in as much as it cannot be held that M/s. Disha Industries has shifted its factory to another site and there being no other provision for transfer of unutilized cenvat credit, such transfer was in contravention of the provisions of law. - Demand confirmed - penalty waived. - E/1832-1833/2009 - A/1798-1799/2010-WZB/AHD - Dated:- 22-10-2010 - Ms. Archana Wadhwa, JJ. REPRESENTED BY : Shri Anand Nainawati, Advocate, for the Appellant. Shri Avinash Thete, SDR, for the Respondent. [Order]. Both the appeals are being disposed off by a common order as the facts are intertwined. 2. M/s. Disha Industries and M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... VAT credit lying unutilized in his accounts to such transferred, sold, merged, leased or amalgamated factory. (2) ---------------------..... (3)........--------------- 5. As is seen from above transfer of cenvat credit lying unutilized in an assessee s factory is permissible in a case where the manufacturer shifts his factory to another site or the factory is transferred on account of change in ownership or on account of sale, merger, amalgamation, lease or transfer of a factory a joint venture. Admittedly the appellants are not covered by any of the expressions appearing in the later part of Rule 10. Their claim is that the factory of M/s. Disha Industries is shifted to the factory of M/s. Sheil Industries and as such the unutilize ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Merely because both are proprietary units with one common proprietor cannot be held to be the reason for considering both the units as one and the same. If that was the case, there was no need for the proprietor to float two different units under two different names. 7. As the provisions of Rule 10 do not apply to the facts of the case in as much as it cannot be held that M/s. Disha Industries has shifted its factory to another site and there being no other provision for transfer of unutilized cenvat credit, I agree with the lower authorities that such transfer was in contravention of the provisions of law. Accordingly I hold that the transfer of unutilized credit from M/s. Disha Industries to M/s. Sheil Industries is liable to be held ..... X X X X Extracts X X X X X X X X Extracts X X X X
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