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TMI Blog2014 (10) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... transferred and there is no credit to be transferred, has seen the delivery challans. Delivery challans numbers and the dates are available in paragraph 11 of the impugned order. In view of the fact that there is evidence of movement of capital goods and both the Range Officers have not mentioned anything specifically regarding credit relatable to capital goods and naturally, logical conclusion would be that there is no CENVAT credit attributable to the capital goods to be transferred to units. - Decided against Revenue. - E/152/2012-DB - Final Order No. 21283/2014 - Dated:- 6-8-2014 - SHRI B.S.V.MURTHY AND SHRI S.K. MOHANTY, JJ. For the Appellant : Mr. N. Jagadish, Superintendent (AR) For the Respondent : Mr. B. Venugopal, Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Infrastructure Ltd. were registered with this Division vide Registration Certificate No. AAECM7627AXM004 for their unit at Sy. No.143, 137 50, Velidendla (V), Lingala (M), Kadapa District in the jurisdiction of Chilamkur Range and Registration No.AAECM7627AXM007 for their unit at Sy. No.433, 434, 435 454, Settivaripalli (V), Mydukur (M), Kadapa District in the jurisdiction of Proddatur Range (hereinafter referred as assessee ) and they were manufacturers of M. S. pipes and M. S. Scrap falling under the chapter heading 73051921 and 72944900 respectively. They have surrendered their registration certificate before the respective Range Officers stating that they do not require registration in view of the fact that they have finished their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee were put to use for manufacture of MS pipes and they have partly cleared certain inputs as such on payment of duty and that there are no inputs or capital goods available at the time of closure of the unit. As regards accumulation of huge CENVAT credit, it is reported by the Range Officer, Chilamkur that most of the receipt of inputs by the assessee was when the duty rates were 16% and 14% and the clearances were effected when the duty rates were 14%, 10% and 8%. 3.2 The Range Officer, Proddatur vide his report OC No.24/2011 dated 20.4.2011 has reported that on verification of the ER-1 Returns of M/s. Megha Engineering Infrastructures Ltd. Settivaripalli, Mydukur, Kadapa district bearing ECC No.AAECM7627AXM007 there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the learned AR. This is in view of the fact that today when the matter was called, the learned counsel submitted three delivery challans covering the movement of capital goods from the units to the new units. Further, he also submitted that there was no credit relating to capital goods in the books of accounts and therefore there was no transfer of credit. Ongoing through the jurisdictional Range Officers reports available in both the orders of the lower authorities, we find that Commissioner (A) while coming to the conclusion that capital goods had been transferred and there is no credit to be transferred, has seen the delivery challans. Delivery challans numbers and the dates are available in paragraph 11 of the impugned order. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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