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TMI Blog2018 (2) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be denied. Credit in unit-III - Revenue view is that the credit in unit-III is doubtful in view of the fact that the appellant had opted for Notification No. 30/2004-CE and hence were required to reverse the credit in their account - Held that: - The said matter would be a different issue, which needs to be dealt with separately. This is not relevant in the present proceeding as the present proceeding relates to credit that was available in unit-III at the material time and if transfer of that credit was admissible or not. Appeal allowed - decided in favor of appellant. - Appeal No. E/1343/2011-DB - Order No. A/10329/2018 - Dated:- 6-2-2018 - Dr. D. M. Misra, Hon ble Member (Judicial) And Mr. Raju, Hon ble Member (Technical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransfer of such credit. He further pointed out that this has also been held by the Tribunal in the case of Hewlett Packard (I) Sales (P) Ltd. Vs. Commissioner of Central Excise, Bangalore 2007 (211) ELT 263 (Tri-Bang). He further pointed out that they had clearly written to the Revenue along with all details before transferring the said credit and it was open to Revenue to verify the same if they wish to. Having chosen not to verify, they cannot now deny the credit especially since no prior permission is given for transferring the same in terms of the decision in the case of Hewlett Packard (supra). 3. Learned AR relies on the impugned order. Learned AR further pointed out that it sought verification of the said credit from the jurisdict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sfer 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 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, the Assistant Commissioner of Central Excise. The said rule has been examined by the Tribunal in the case of Hewlett Packard (supra), wherein it has been clearly held that no prior permis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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