https://www.taxtmi.com/caselaws?id=53044 Sale of a running power unit with its plant and machinery, transferred together with assets and liabilities, did not amount to removal of capital goods from the factory for excise purposes. The Tribunal treated physical removal as the decisive factor and held that a mere amendment of the approved ground plan could not, by itself, establish deemed removal. As the unit was transferred as an ongoing business division and not physically taken out of the factory, duty demand, reversal of credit, and penalty were unsustainable under the Modvat framework. en-us Tue, 01 Jun 2004 00:00:00 +0530 Sat, 15 Jun 2024 13:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=53044 Sale of a running power unit with its plant and machinery, transferred together with assets and liabilities, did not amount to removal of capital goods from the factory for excise purposes. The Tribunal treated physical removal as the decisive factor and held that a mere amendment of the approved ground plan could not, by itself, establish deemed removal. As the unit was transferred as an ongoing business division and not physically taken out of the factory, duty demand, reversal of credit, and penalty were unsustainable under the Modvat framework. Case-Laws Central Excise Tue, 01 Jun 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=53044