https://www.taxtmi.com/caselaws?id=250382 Transfer of ownership in capital goods, coupled with effective transfer of control, may amount to "removal" for CENVAT credit purposes even if the machinery remains at the same premises. The text distinguishes cases where ownership changes without a corresponding shift in control, and notes that contextual reading of precedent is essential. Because material facts remained disputed on whether control of the plant and premises had passed to the transferee, the credit issue required fresh factual verification on remand. On penalty, the demand was within the normal limitation period and disclosure had been made to the department; in the absence of suppression, misdeclaration, or similar culpable conduct, penalty was not sustainable in a purely interpretative dispute. en-us Thu, 07 Aug 2014 00:00:00 +0530 Mon, 12 Jan 2015 11:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=250382 Transfer of ownership in capital goods, coupled with effective transfer of control, may amount to "removal" for CENVAT credit purposes even if the machinery remains at the same premises. The text distinguishes cases where ownership changes without a corresponding shift in control, and notes that contextual reading of precedent is essential. Because material facts remained disputed on whether control of the plant and premises had passed to the transferee, the credit issue required fresh factual verification on remand. On penalty, the demand was within the normal limitation period and disclosure had been made to the department; in the absence of suppression, misdeclaration, or similar culpable conduct, penalty was not sustainable in a purely interpretative dispute. Case-Laws Central Excise Thu, 07 Aug 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=250382