TMI Blog2012 (12) TMI 923X X X X Extracts X X X X X X X X Extracts X X X X ..... gistered dealer. When it is not disputed that the goods, in question, on which the cenvat credit had been taken by the appellant, had been sold to M/s. SVACPL, who, in turn, sold the same to the appellant, it would not be correct to deny the cenvat credit when both the M/s. Siemens Ltd. and M/s. SVACPL were registered as dealers. SVACPL can be treated as second stage dealer and the invoice issued by them would be valid document for cenvat credit. I also find that in identical case of M/s. Venus Stampings Pvt. Ltd. (2006 (7) TMI 65 - CESTAT,NEW DELHI) when the business of one registered dealer is taken over by another registered dealer along with stock of goods, the invoices issued by that registered dealer who had taken over the business al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Cenvat Credit Rules. On appeal being filed before the Commissioner (Appeals), the Commissioner (Appeals) vide order-in-appeal dated 27.4.2010 upheld the Addl. Commissioner s order against which this appeal has been filed. 2. Heard both the sides. 3. Shri B.L. Narsimahan, ld. Counsel for the appellant, pleaded that goods, in question, in respect of which cenvat credit of the additional customs duty had been availed, had been originally been imported M/s. Siemens Ltd. who were a registered dealer, that the entire business of Automotive Division was taken over by SVACPL w.e.f. 1.12.97 , that para 5 of the Commissioner (Appeals)s order itself states that the goods, in question, had been imported by M/s. Siemens Ltd. and same were sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pleaded that there is no infirmity in the impugned order. 5. I have considered the submissions and perused the records. Para-5 of the impugned order passed by the Commissioner (Appeals) clearly states that the goods, in question, had been imported by M/s. Siemens Ltd. and subsequently, the same were sold to SVACPL, who in turn have sold them to the appellant thereby passing on the cenvat credit to the tune of Rs.5,72,286/-. Thus, this is case where the it is not disputed that M/s. Siemens Ltd. were registered as a dealer and subsequently after taking over of the business of Automotive division of the Siemens Ltd. by SVACPL, SVACPL also obtained registration as a registered dealer. When it is not disputed that the goods, in question, on w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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