| RULE 13. Transfer of CENVAT credit.  —  (1) If a  manufacturer of the final products shifts his factory to another  site or the factory is transferred on account of change in ownership or on  account of sale, merger, amalgamation, lease or transfer of the factory to a  joint venture with the specific provision for transfer of liabilities of such  factory, then, the manufacturer shall be allowed to transfer the CENVAT credit  lying unutilised in his accounts to such transferred, sold, merged, leased or  amalgamated factory. (2)    The transfer of the  CENVAT credit under sub-rule (1) shall be allowed only if the stock of inputs as  such or in process, is also transferred along with the factory or business  premises to the new site or ownership and the inputs, on which credit has been  availed of are duly accounted for to the satisfaction of the Deputy Commissioner  of Central Excise or the Assistant Commissioner of Central Excise, as the case  may be.  (3)    Subject to the  provisions contained in sub-rule (2), the transfer of the CENVAT credit shall be  allowed within a period of three months from the date of receipt of application  by the Deputy Commissioner of Central Excise or Assistant Commissioner of  Central Excise, as the case may be :  Provided that  the period specified in this sub-rule may, on sufficient cause being shown and  reasons to be recorded in writing, be extended by the Principal  Commissioner of Central Excise or Commissioner of Central Excise, as the case  may be, for a further period not exceeding six months. |