9911796707
TMI Blog2015 (6) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacture of printed ink or drawing ink and other inks, whether or not concentrated or solid printed ink, Titanium Oxide, Titanium dioxide classifiable under Chapter Heading Nos. 3215 11 90, 2823 00 10 and 2830 00 10 respectively of the First Schedule to the Central Excise Tariff Act, 1985. The appellants are also availing the Cenvat credit facility as per the provisions of the Cenvat Credit Rules, 2004. 2. Briefly stated the facts of the case is that the appellant had a unit in the name and style of M/s. Tirupati Inks Ltd. situated at A-1/33, Dada Nagar, Kanpur, which was destroyed due to a fire incident on 21-3-2011, which was duly intimated to the Range Officer, Central Excise Range-I, Kanpur vide letter dated Nil by M/s. Tirupati I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred appeal inter alia mainly contending that the benefit of Rule 10 of Cenvat Credit Rules, 2004 may be extended to them. 4. I have carefully gone through the case records and submission made by the appellant in appeal and during the course of personal hearing held on 1-6-2015 and attended by ld. Advocate Shri Amit Awasthi. 5. I find that Rule 10 of Cenvat Credit Rules, 2004 reads as under : Transfer of Cenvat credit. - (1) If a manufacturer of the final products 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 the factory to a joint venture with the specific provision for transfer of liabilities of such facto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s installed in the said factory were damaged. It was also observed that the appellant has reversed the Cenvat credit involved in the goods destroyed in the fire incidence. I find that the department has not disputed the reversal of Cenvat credit of Rs. 7,72,179/- involved in the destroyed goods due to fire incidence occurred in the intervening night of 21/22-3-2011. The department has disputed only the transfer of credit of Rs. 5,50,703/- from the unit situated at A-1/33, Dada Nagar, Kanpur to 188-B, Dada Nagar, Kanpur owned by M/s. Tirupati Inks Ltd. 188-B, Dada Nagar, Kanpur. I find that the department has objected that when unit situated at A-1/33, Dada Nagar, Kanpur is still in existence then how the Cenvat credit can be transferr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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