https://www.taxtmi.com/caselaws?id=50139 A factory division transferred as a going concern, with inputs, work-in-process, finished goods and capital goods taken over in the same premises, was held to fall under the specific transfer provisions on change in ownership rather than the general Modvat removal rules. Those provisions governing unutilised credit, inputs and capital goods displaced the broader duty demand based on removal, so the duty claim failed. On penalty and interest, the record showed departmental knowledge and verification of the transfer, with no mala fide intent or suppression; once the duty demand was unsustainable, the consequential penalty and interest also could not survive. The order was set aside in full. en-us Thu, 28 Sep 2000 00:00:00 +0530 Thu, 19 Aug 2010 18:56:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=50139 A factory division transferred as a going concern, with inputs, work-in-process, finished goods and capital goods taken over in the same premises, was held to fall under the specific transfer provisions on change in ownership rather than the general Modvat removal rules. Those provisions governing unutilised credit, inputs and capital goods displaced the broader duty demand based on removal, so the duty claim failed. On penalty and interest, the record showed departmental knowledge and verification of the transfer, with no mala fide intent or suppression; once the duty demand was unsustainable, the consequential penalty and interest also could not survive. The order was set aside in full. Case-Laws Central Excise Thu, 28 Sep 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=50139