9911796707
TMI Blog2008 (7) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... te, for the Respondent. [Order per : M. Veeraiyan, Member (T)(for the Bench)]. - This is an appeal by the Department against the order of the Commissioner Nos. 80-81/CE/2003, dated 23-7-03. Heard both sides. 2. Relevant facts, in brief, are as follows: (a) M/s. Nahar Industrial Enterprises Ltd., Vill. Jalalpur, P.O. Dappar, Distt. Paitala (hereinafter called as M/s. NIEL) are engaged in the man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on'ble High Court of Punjab and Haryana passed in a petition filed by the company and the endorsement by the Registrar of Companies, M/s. Oswal Cotton Mills Ltd. stood amalgamated with the Company M/s. NIEL with effect from 1-4-2001 as per their-letter No. NF: GMC : 01, dated 23-11-2001. (d) Thus, the grey fabric unit and fabric processing unit got converted into one unit known as M/s. Nahar Indu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied copy of the amalgamation approved by the Hon'ble High Court was filed with the Registrar of Companies and after following the precedent decision in the case of Technocraft Industries (I) Ltd. v. CCE, Mumbai-III reported in 2000 (120) E.L.T. 106 (Tri) dropped the proceedings. 4. Learned DR took us through the grounds of appeal and submitted that the proposal for amalgamation was with effect f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar whether the intention of the Board is that the assessee should be allowed the higher credit on actual basis. The question can also arise whether revenue can file an appeal even when it is not aggrieved by an order. 5. The matter is adjourned to 10th April, 2006 in order to enable the SDR to obtain directions from the Board as to whether it wants to withdraw the appeal." 7.1 Learned DR has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase for the appellants and allow the appeal with consequential benefits". 7.2 In addition, we find that no extra benefit was sought to be derived by the respondents by claiming the effective date as 8-11-01/20-11-01. In fact, if the claim of the Department was accepted, then it was submitted that they are eligible for credit on actual basis which is on higher side. 7.3 The deed of amalgamation a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
