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TMI Blog2018 (7) TMI 843X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that the stocks were found short, if found short in what extent. Further, what was the documentary evidences made available at the time of stock verification was not produced. One more opportunity may be granted to the department to cause verification of the documents - appeal allowed by way of remand. - Appeal No. E/85844/18 - A/86808/2018 - Dated:- 23-5-2018 - Mr. Sanjiv Srivastava, Member (Technical) Shri Rajesh Ostwal, Advocate for appellant Shri S.J. Sahu, Asst. Commr (AR) for respondent ORDER Per: Sanjiv Srivastava The appeal is directed against order-in-appeal No. of Commissioner (Appeals), Pune denying the transference of the credit from the predecessor unit namely M/s Varun Enterprises to M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re lying haphazardly on the shop floor nor segregated. Further, certain goods were received in the intervening period and the appellants were not in a position to produce any stock register on that time. Thereafter, show-cause notice was issued for denial and recovery of such credit on transference and imposition of penalties for the credit wrongly taken. The matter has been adjudicated by the adjudicating authority wholly on the ground that as required under Rule 10(3) of Cenvat Credit Rules, 2004, 2004 appellant have failed to maintain and furnish any documentary evidence in support of stock of inputs/capital goods that has been transferred to the new entity. In the order-in-original it has also been recorded that appellant had verbally i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te 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 8. In the present case the appellant had vide its letter dated 02.09.2013 made a declaration to the department of the stock that it all the stocks were physically counted and verified for the quantities mentioned in the list of input/capital stock as on 2.8.2013 in respect of which the credit was sought to be transferred. In terms of Rule 10(3), the credit should have been allowed if the stock of inputs as such or in process, or the for any capital goods also is transferred to the successor unit. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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