2009 (11) TMI 652

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ndent. [Order]. -  This appeal is filed by the Revenue. The facts of the case are that M/s. Dow Agro Sciences India (P) Ltd. (respondent) are engaged in the manufacturing of pesticides and the respondent informed to the Revenue on 28-3-2005 that De-nocil Crop Protection India Pvt. Ltd. has been a joint venture of M/s. Dow Agro Sciences and National Organics Chemical Industries Ltd. (NOCIL); .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Rules, 2004 and in the absence of specific permission to show that the input as well as the capital goods, on which the credit was taken, had been duly accounted for and the credit received by the respondent is recoverable from them. 3. Heard. 4. I find that the issue is that whether the respondent are entitled to avail the credit after the change of the name of the respondent-company .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ansfer of such change and the same would be allowed to be transferred to new factory or ownership with condition that if the same are duly accounted for to the satisfaction of DC/AC as the case may be. So the issue is whether the respondent-company has undergone the physical change or not. Secondly, whether the respondent-company has accounted for the inputs/capital goods on which the credit was a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X