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TMI Blog2017 (3) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... htly denied the Cenvat Credit - It is a case of interpretation of the provisions of the CCR, therefore, the imposition of penalty u/s 11AC of the CEA, 1944, cannot be invoked - denial of Cenvat Credit, along with interest is upheld. Penalty imposed u/s 11AC is set aside - appeal allowed - decided partly in favor of appellant. - E/517/10 - FO/A/75204/2017 - Dated:- 7-3-2017 - Shri P. K. Choudhary, Member (Judicial) Shri S.P.Majumder, Advocate for the Appellant Shri S.Mukhopadhyay, Supdt.(AR) for the Revenue ORDER Per: Shri P. K. Choudhary Briefly stated the facts of the case are that the appellants are engaged in the manufacture of Open Top Containers classifiable under Chapter 86 of 1st Schedule to the Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Commissioner of C.Ex. S.T., Rajkot [2015 (39) STR 502 (Tri.-Ahmd.)] 3. The ld.A.R. Shri S.Mukhopadhyay, Supdt., appearing on behalf of the Revenue reiterates the findings of the lower authorities. 4. I find that the Show Cause Notice dated 10.08.2007 was issued proposing to disallow the Cenvat Credit on input services. It is stated that on 18.07.2006, the appellant was registered with the Central Excise authorities for manufacturing of excisable goods. Prior to 18.07.2006, a Service Tax Registration was obtained by M/s.Indian Container Leasing Co.Ltd., in respect of 'Banking and Financial Services', Management, 'Maintenance and Repair Services and Transport of Goods by Road Services'. 5. The appellant availe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actory. (2) If a provider of output service shifts or transfers his business on account of change in ownership or on account of sale, merger, amalgamation, lease or transfer of the business to a joint venture with the specific provision for transfer of liabilities of such business, then, the provider of output service shall be allowed to transfer the CENVAT credit lying unutilized in his accounts to such transferred, sold, merged, leased or amalgamated business. (3) The transfer of the CENVAT credit under sub-rules (1) and (2) shall be allowed only if the stock of inputs as such or in process, or the capital goods is also transferred along with the factory or business premises to the new site or ownership and the inputs, or capita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvice M/s.Indian Container Leasing Co.Ltd., had accumulated Cenvat Credit, which has been transferred to a manufacturer of final products for utilisation in their factory, which is beyond the scope of Rule 10 of the Cenvat Credit Rules, 2004. And therefore, the lower authorities rightly denied the Cenvat Credit. The ld.Advocate relied upon the case of Sumita Tex Spin Pvt.Ltd. (supra) . In that case the appellant was availing benefit of the Notification No.29/2004-CE and 30/2004-CE, both dated 09.07.2004 and utilized accumulated Cenvat Credit lying with the appellant while discharging Service Tax liability under 'Business Auxiliary Service'. I find that the appellant therein was the manufacturer of the final product and the accumu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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