TMI Blog2016 (1) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... ent on 26.5.2009 about their intention to utilise the PLA balance lying with M/s. BPC Projects as on 01.4.2009 towards the service tax liability of M/s. PSP Projects Pvt. Limited after 01.4.2009. Held that:- Simply because M/s. BPC Projects had not surrendered the service tax registration, it cannot be said that PLA balance lying unutilised was available with M/s. BPC Projects even after 01.4.2009. M/s. PSP Projects Pvt. Limited was the successor and the only legal entity with effect from 01.4.2009 and hence was legally entitled to utilise the said unutilised PLA balance. Hence, we find that the issue herein is only non-observance of procedure of intimation to Range Superintendent etc. and is only a technical violation, if any. Adjust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on 01.4.2009. Therefore, all the assets and liabilities of M/s. BPC Projects were taken over by M/s. PSP Projects Pvt. Limited. Hence M/s. PSP Projects Pvt. Limited are rightly entitled to avail PLA balance lying with M/s. BPC Projects on 01.4.2009. M/s. PSP Projects Pvt. Limited have paid the service tax liability of M/s. BPC Projects also after 01.4.2009. Learned Consultant contended that they had intimated the department on 26.5.2009 about their intention to utilise the PLA balance lying with M/s. BPC Projects as on 01.4.2009 towards the service tax liability of M/s. PSP Projects Pvt. Limited after 01.4.2009. They had infact utilised the same in April 2009 itself. However, as the Returns for the same were to be submitted in six monthly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inised and at that point of time the short levy came to the notice. Therefore, the demand of short levy made within one year from October 2009 is within the time limit and is proper and sustainable. 4. On consideration of the arguments of both sides and scrutiny of records, it is observed that there is no dispute that ₹ 5,89,415/- was lying in the PLA account of M/s. BPC Projects as on 01.4.2009. Since M/s. BPC Projects merged with M/s. PSP Projects Pvt. Limited with effect from 01.4.2009, the legal existence of M/s. BPC Projects ceased on 01.4.2009. Whatever assets and liabilities M/s. BPC Projects had as on 01.4.2009 were automatically vested on M/s. PSP Projects Pvt. Limited. Simply because M/s. BPC Projects had not surrendered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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