TMI Blog2010 (7) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... rule 3(5) are not attracted against the assessees - no removal from the factory of the assessees in order to attract the provisions of rule 3(5) - demand and penalty are not sustainable - E/447 OF 2009 - 825 OF 2010 - Dated:- 29-7-2010 - MS. JYOTI BALASUNDARAM, JJ. ORDER 1. A demand of Rs. 3,99,840 has been confirmed together with interest against the assessees herein under the provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is a possibility that the previous owner of Nitration Plant viz., M/s. Kothari Sugars and Chemicals Ltd., may have taken Cenvat credit is not sufficient to invoke rule 3(5) against the assessees. Moreover, since the assessees purchased the entire factory in which the Nitration Plant was situated, there is no removal from the factory of the assessees in order to attract the provisions of rule 3(5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
