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2016 (6) TMI 275 - AT - Central ExciseValidity of de-registration of old Central Excise Registration since new registration was granted to the buyer of the premises - whether surrender of Central Excise Registration, proposed by the appellant can be accepted by the department or otherwise? - Held that:- In the present case, firstly new company M/s. Monomer Chemical Industries Pvt Ltd has been issued new registration therefore the present appellant cannot be remained as registered person. As regard compliance of the provision of the notification, requirement is only to file declaration, the appellant have filed declaration in Annexure III and disclosed the entire fact including the status of their case which is pending at show cause notice stage. Secondly, appellant even though, there is no confirmed demand, in view of show cause notice, executed indemnity bond wherein they have undertaken to discharge the Central Excise duty liability as and when it arises in future. Therefore it is of the view, after making substantial compliance of the provision there is no reason to deny the de-registration of the appellant. Even, if it is assumed that appellants registration should not be cancelled, in such case new registration to any other person on the same premises cannot be given and if that be so then no operation can be carried out in the said premises. Thus Adjudicating authority is legally and correctly ordered for de-registration of the appellant and accepted the surrender of registration.
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