https://www.taxtmi.com/caselaws?id=52486 Transfer of an entire division as a going concern, together with machinery, raw material, work-in-progress, consumables and finished goods, did not amount to "removal" for Modvat purposes where none of the inputs or capital goods were physically removed from the factory premises. The Tribunal applied the rule that the deeming provisions on removal operate only on actual removal from the factory and cannot be extended to a mere sale of the division with manufacture continuing in the same premises. On that basis, duty on the transferred goods and the consequential penalty were not sustainable. en-us Wed, 24 Dec 2003 00:00:00 +0530 Wed, 06 Oct 2010 11:09:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52486 Transfer of an entire division as a going concern, together with machinery, raw material, work-in-progress, consumables and finished goods, did not amount to "removal" for Modvat purposes where none of the inputs or capital goods were physically removed from the factory premises. The Tribunal applied the rule that the deeming provisions on removal operate only on actual removal from the factory and cannot be extended to a mere sale of the division with manufacture continuing in the same premises. On that basis, duty on the transferred goods and the consequential penalty were not sustainable. Case-Laws Central Excise Wed, 24 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52486