2007 (9) TMI 135

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..... 1-2006 by which the Commissioner (Appeals) accepted the assessee's proposition that on taking lease of the factory, they are eligible to avail Cenvat credit on the lessor factory which was in the lesser factories credit. The findings recorded by him in para 8 is reproduced herein below: "8. I have gone through the case records and various submissions made by the respondents including those urged .....

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..... e. Hence, I feel that the Order-in-Original passed by the Deputy Commissioner, Kakinada-II Division holds good. Therefore, I pass the following order. ORDER The appeal filed by the department, against the Adjudication Order No.17/2004-RSV dated 17-11-2004, passed by the Deputy Commissioner of Central Excise, Kakinada-II Division, is dismissed." 2. The Revenue is aggrieved with this order. The g .....

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..... o a joint venture with the specific provision for transfer of liabilities of such factory, then, the manufacturer shall be allowed to transfer the Cenvat credit lying unutilized in his accounts to such transferred, sold, merged, leased or amalgamated factory." The above Rule grants the manufacturer to utilize the credit which was lying in the lessor's factory. The Commissioner (Appeals), after de .....

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