https://www.taxtmi.com/caselaws?id=239107 A prima facie case for waiver of pre-deposit was found where the amalgamation became effective only from 01.06.2005, leaving the appellant and the erstwhile company as separate entities before that date. Because the available Cenvat credit on 12.05.2005 had already been utilised by the erstwhile company during May 2005 and no balance remained on the effective date, there was no basis to treat any credit balance as transferable before amalgamation. On that reasoning, the departmental demand for Cenvat credit, interest and penalty was held unsustainable at the interim stage, and pre-deposit was waived with recovery stayed pending appeal. en-us Fri, 12 Jul 2013 00:00:00 +0530 Tue, 05 Nov 2013 10:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=239107 A prima facie case for waiver of pre-deposit was found where the amalgamation became effective only from 01.06.2005, leaving the appellant and the erstwhile company as separate entities before that date. Because the available Cenvat credit on 12.05.2005 had already been utilised by the erstwhile company during May 2005 and no balance remained on the effective date, there was no basis to treat any credit balance as transferable before amalgamation. On that reasoning, the departmental demand for Cenvat credit, interest and penalty was held unsustainable at the interim stage, and pre-deposit was waived with recovery stayed pending appeal. Case-Laws Central Excise Fri, 12 Jul 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=239107