TMI Blog2017 (4) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... n respondent’s own case for the earlier period [2006 (9) TMI 441 - CESTAT, NEW DELHI] this Tribunal has allowed the benefit of SSI Exemption to both the factories in terms of N/N. 6/2000 - benefit allowed - appeal dismissed - decided against Revenue. - E/474/2008 - A/60386/2017-EX[DB] - Dated:- 8-3-2017 - Mr. Ashok Jindal, Member (Judicial) And Mr. Devender Singh, Member (Technical) Shri. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 394 of the Companies Act before the Hon ble Punjab and Haryana High Court vide order dated 21-9-01 approved the demerger scheme which was effective from 1 st April, 2000. As per the scheme which is engaged in the manufacture of various kinds of paper belongs to M/s. B.K. Kraft Ltd. and the Unit No.1 which is manufacturing duplex board remained with M/s. AST Paper Mill Ltd. 3. Both the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from a factory and the exemption is factory-wise exemption. The contention is that even in the case of one manufacturer having two separate factories and are qualified for exemptions are entitled for exemption separately. The appellant relied upon the decision of the Hon ble Supreme Court in the case of Rollatainers Ltd. v. CCE reported in 2004 (170) E.L.T. 257 and the decision of the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion is also that after demerger the factory belonging to M/s. B.K. Kraft Ltd. got separate registration under Excise Act and as well as under Factory Act. 6.The contention of the Revenue is that even after approval of scheme of demerger the financial demerger the liability to M/s. B.K. Kraft Ltd. are guaranteed by M/s. AST Paper Mills Ltd. The contention is that both the units are in the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
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