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2014 (5) TMI 454

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..... barred by limitation. Further, there is no bar of transfer of CENVAT credit lying unutilized on closure of the unit, although there is no stock of inputs as per the decision in the case of AAR AAY Products Pvt. Ltd. (2002 (7) TMI 204 - CEGAT, NEW DELHI). Therefore, I do not find any infirmity in the impugned order - Decided against Revenue. - Appeal No.E/3730/04-Mum - - - Dated:- 31-1-2014 - A .....

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..... show-cause notice was issued for denying the transfer of CENVAT credit to Unit No.2 on 03.09.2001 on the premise that there was no finished goods or inputs lying in Unit No. 1 at the time of closure of their Unit No. 1, and a penalty has also been proposed. The matter was adjudicated and the demands were confirmed. On appeal, the adjudication order was set aside. Aggrieved by the same, the revenu .....

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..... ered the submissions made by both the sides. 6. The fact of availment of CENVAT credit by Unit No. 2 on 01.08.2000 was in the knowledge of the department and the show-cause notice was issued on 03.09.2001 which is barred by limitation. Further, there is no bar of transfer of CENVAT credit lying unutilized on closure of the unit, although there is no stock of inputs as per the decision in the ca .....

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