TMI Blog2018 (3) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... nto consideration, the subsequent event that both the units have merged into one single unit, the remanding the matter for reconsideration by the authorities below would be a futile exercise - the whole situation is revenue neutral one - appeal allowed - decided in favor of appellant. - E/108/2010 (By Assessee) and E/176/2010 (By Deptt.) - A/40026-40027/2018 - Dated:- 4-1-2018 - Ms. Sulekha Bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was in the same location and the bifurcation being done insitus, the same did not involve any physical removal of capital goods / inputs from the API unit to the Formulation Unit. Based on audit objections, the department was of the view that since the Formulation Unit has taken separate Central Excise registration, it amounts to removal of capital goods as such to Formulation Unit and that the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged from the CENVAT account of API Unit and transferred to the CENVAT account of Formulation Unit. Aggrieved by this order, the assessee has filed Appeal No.E/108/2010 and the department has filed Appeal No.E/176/2010. 3. On behalf of the assesse, ld. counsel Shri V. Ravindran submitted that there was no physical removal of capital goods from the API Unit to the Formulation Unit. Further, the h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... count of sale, merger etc. In the present situation, the assessees have bifurcated the single unit into two separate unit and obtained fresh registration for the Formulation Unit. That therefore the capital goods used in the new unit namely Formulation Unit has to be considered to be the capital goods removed from the earlier unit. Therefore, the credit availed on such capital goods and inputs whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, taking into consideration, the subsequent event that both the units have merged into one single unit, we find that remanding the matter for reconsideration by the authorities below would be a futile exercise. Taking into account of the fact that the whole situation is revenue neutral one, we are of the opinion that the impugned order cannot sustain. The appeal filed by the assessee is there ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
