2000 (5) TMI 79 - AT - Central Excise

Summary

Issues involved: Interpretation of the effective date of amalgamation for eligibility of exemption notification, imposition of duty and penalty.

Summary:
The case involved M/s. Eskidee Metal Craft Pvt. Ltd., an SSI unit eligible for a notification dated 28-2-1993, which filed an amalgamation application with Technocraft Industries (India) Ltd. The High Court's order dated 19-1-1994 approved the amalgamation with a Transfer Date of 1st April, 1993. A notice was issued on 1-11-1994 alleging ineligibility for the exemption notification for the period 1993-94, demanding differential duty and imposing a penalty. The main contention was that although the Transfer Date was 1-4-1993, the effective date was after obtaining all necessary sanctions. The appellants argued that their eligibility for the notification continued until the Effective Date, which was 8-3-1994.

The Appellate Tribunal noted that the High Court's order specified that although the Transfer Date was 1-4-1993, the amalgamation became effective only on 8-3-1994. The cessation of the corporate entity of the Transferor Company was linked to the Effective Date, not the Transfer Date. Therefore, the eligibility for the notification extended until the Effective Date. Consequently, the Tribunal ruled in favor of the appellants, allowing the appeal and granting them consequential benefits.