SHREE RAMA MULTI-TECH LTD. Vs. CCE

JUDGEMENT

(1.) THE present application is for early disposal of the appeal. After hearing both sides, we are of the view that the appeal itself requires to be disposed of summarily. Accordingly, after allowing the application, we take up the appeal.

(2.) THE appeal is against denial of permission, by the lower authorities to the appellants, for transfer of unutilized CENVAT credit to the appellant's Gujarat Unit. The appellant's unit at Pondicherry was wound -up and the plant and machinery were transferred to their Gujarat Unit after taking permission from the departmental authorities. The relevant letter of the Assistant Commissioner of Central Excise, Pondicherry permitting shifting of factory and the relevant letter of his counterpart in Gujarat accepting the Gujarat Unit's request for taking over the plant and machinery are available on record. When these permissions were granted, the appellant's request for transfer of unutilized CENVAT credit on inputs to the CENVAT account of their sister unit was under examination. Eater on, the Assistant Commissioner of Central Excise at Pondicherry declined permission for transfer of the credit and the Commissioner (Appeals) sustained the decision of the lower authority. Hence the present appeal.

(3.) AFTER considering the submissions of both sides, we note that the application for permission to transfer the credit was made under Rule 10 of the CENVAT Credit Rules, 2004. Sub -rule (1) of Rule 10 is as under: