2003 (3) TMI 252

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.... the ground that the assessee was not entitled to transfer the balance lying in its modvat accounts consequence upon shifting of its factory from its existing location at Bhavnagar and relocation at a village 30 kilometres away. 2. The credit has been denied on the ground that sub-rule (4) of Rule 57S and sub-rule (2) of Rule 57N permit transfer of Modvat credit balance of the duty paid on inputs....

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....take place in the ownership of a factory as a result of merger or amalgamation etc. It is not possible prima facie to visualise a change in the site of a factory solely as a result of sale, merger etc. of the ownership of the factory. It appears that the intention behind these rules was to permit the credit in two sets of cases - one where there was a change in the site of a factory irrespective o....