9911796707
TMI Blog2012 (1) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... AR, for the Respondent. ORDER This stay petition is filed against the order-in-appeal No. SKSS/191/SRT-II/2010, dated 2-11-2010. On perusal of record we find that there is no executable order which needs to be stayed at this juncture. Hence, we dismiss the stay petition filed by the assessee. 2. While hearing both the sides on stay petition, we find that the appeal itself is to be disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 6105, 6107 & 6111, GIDC, Ankleshwar. The said unutilized credit cannot be transferred to M/s. Heubach Colours Pvt. Limited located at Plot No. 9003-9010, Phase IV, GIDC, Ankleshwar. Secondly, Rule 10(3) of Cenvat Credit Rules, 2004 provides that transfer of unutilized Cenvat credit is allowed when inputs as such or in process, or the capital goods are also transferred along with the factory to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vat Credit Rules, 2004 would clearly apply and the appellant's factory at Heubach Colour Pvt. Limited at Plot No. 6105, 6107 and 6111, GIDC, Ankleshwar is eligible to avail Cenvat credit. In view of this, to meet the ends of justice, we direct the appellants to reverse the Cenvat credit taken at Heubach Colours Pvt. Limited located at Plot No. 9003-9010, Phase-IV, GIDC Ankleshwar and permit them t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
