9911796707
TMI Blog2014 (10) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... therein that 'there is no representation for the respondent despite notice' is incorrect. Further, there is also another application for early hearing of the appeal filed by the Revenue No.25861/2013 seeking early hearing of the appeal since the amount involved is more than Rs. 1.28 crores. 2. When the matter was called on 31.7.2014, the learned counsel for the respondent submitted that they do not have the copy of the appeal paper-book filed by the Revenue even now and he submitted that copy may be provided. Taking note of the stay order passed by this Tribunal wherein the order was found to be ex parte and further the early hearing application filed by the Revenue, it was felt that it would be in the interest of justice to both the side ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso requested vide their letter dated 11.11.2009, for transfer of unutilized CENVAT credit of Rs. 5,55,406/- at Settivaripally Unit to their unit M/s. Megha Engineering & Infrastructures Ltd., Plot No.34B, Phase-I, IDA, Jeedimetla, R.R. Dist. ECC No. AAECM7627AXM002 situated in Hyderabad. The above permissions were sought under Rule 10 of the CENVAT Credit Rules, 2004 claiming that they have shifted their closed units to the units mentioned above. 3.1 In this regard, the jurisdictional Range Officers were asked to submit a verification report on the requests made by the assessee. The Range Officer, Chilamkur vide his letter OC No.59/2010 dated 22.4.2010 submitted his detailed report stating that the assessees have filed ER-1 returns up to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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, Proddatur 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%. 4. The learned AR submits that in this case the reports of the Range Officers did not mention anything about the capital goods and there is no indication as to whether capital goods were transferred or not; whether they were available or not; whether any credit was involved there or not. As regards inputs, he submits tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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