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2011 (3) TMI 187 - AT - Service TaxRefund claim - The merger, as per the decision of the Ministry was effective from 01.04.2004, the same should be given effect in respect of tax liability. The registration of this arrangement with the Registrar of Companies at a later date does not affect the status of IBP after the merger, which was w.e.f. 01.04.04 - The Ministry s order clearly specifies the effective date, which is 01.04.04. Therefore, the original authority s order rejecting the refund claim holing that the effective date for amalgamation is from 2.5.07 - The Appellate Commissioner s order appears legal and proper - The decision of the Tribunal in the case of Technocraft Industries (I) Ltd. is also preferring to accept what is referred to as effective date which was different from the approval date - The other submission that the certificate has been surrendered on 04.05.2007 is also not relevant as on the said date both IOCL and IBP were present only as IOCL - IOCL has taken over the assets and liabilities of erstwhile IBP w.e.f. 01.04.04 in view of the amalgamation - The surrender formalities were also undertaken by IOCL- Therefore, IOCL is stepping into the shoes of erstwhile IBP, have claimed the refund - The appeal by the department is rejected - The stay petition is also disposed of.
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