2000 (4) TMI 405 - AT - Central Excise

Appellate Tribunal upholds Modvat credit post-name change, rejects Revenue's appeal

The Appellate Tribunal in CALCUTTA ruled in favor of the respondents in a dispute over Modvat credit utilization following a change in the company's name ... Modvat - Utilisation of Modvat credit Issues:- Dispute over Modvat credit utilization due to change in company name and registration certificate.Analysis:The Appellate Tribunal CEGAT, CALCUTTA addressed the issue of Modvat credit utilization in a case where the Revenue appealed against the Commissioner (Appeals) order. The dispute arose when the Assistant Commissioner denied Modvat credit to the respondents, arguing that the credit was earned under the old name of the company, which had changed its name and registration certificate. The Commissioner (Appeals) set aside the Assistant Commissioner's order, emphasizing that a change in the company's name does not affect its rights and obligations as a juristic person. The Commissioner held that surrendering the old registration certificate was not necessary, and the Modvat credit declarations filed earlier were valid.The Revenue contended that the change in the registration certificate indicated the cessation of the previous company under the old name. They argued that the new company should have followed Central Excise procedures, which were not adhered to. However, the respondents' advocate pointed out that a similar appeal by the Revenue against the same respondents was rejected by the Tribunal previously. The Tribunal had ruled that a mere change in company management or amalgamation does not extinguish the right to utilize earned Modvat credit.Considering the submissions, the Tribunal referred to various legal precedents, including decisions by the Allahabad High Court and the Supreme Court, which emphasized that a change in the company's name without a change in ownership does not automatically transfer ownership rights. In the present case, where the management remained the same despite the name change, the Tribunal upheld the Commissioner (Appeals) decision. The Tribunal rejected the Revenue's appeal, citing consistency with previous rulings and the valid reasoning of the Commissioner (Appeals). The cross objection filed by the respondents was also disposed of in line with the Tribunal's decision.