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TMI Blog2017 (10) TMI 835X X X X Extracts X X X X X X X X Extracts X X X X ..... name of the Appellant herein. Rule 10(1) clearly indicates that if there is transfer of the factory due to change in ownership, the manufacturer shall be allowed to transfer the Cenvat credit lying unutilized to such transfer merged manufacturer - If the Appellant is functioning under different name and style from the very same place, mere change in shareholding pattern being accompanied by the change in the name of the transferor i.e. Multi Pack System cannot be said as change in ownership. Appeal allowed - decided in favor of appellant. - Central Excise Appeal No.11078 of 2016-SM - A/12887/2017 - Dated:- 6-10-2017 - Mr. M.V. Ravindran, Member (Judicial) Shri Shailesh Vyas, Advocate, for the Appellant Shri T.K. Sikdar, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ti Pack System. It is also on record that the Appellant herein had applied to the jurisdictional Deputy Commissioner by a letter dated 23.1.2014 for transfer of balance of the account of Omri India Pvt. Ltd., the show cause notice came to be issued to the Appellant for demanding wrongly availed Cenvat credit and recovery of the same from the Appellant along with interest and also for imposition of penalties. The adjudicating authority after following due process of law did not agree with the contention of the Appellant and confirmed the demand raised. The first appellate authority also concurred with the view of the adjudicating authority. 4. On perusal of the records I find that the lower authorities in the case in hand specifically adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, lease or transfer of the factory to a joint venture with the specific provisions for transfer of liabilities of such factory, 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 amalagamated 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 capital goods, on which credit has been availed of are duly accounted for to the satisfaction of the Deputy Commissioner of Central Excise, or, as the case may be, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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