2000 (4) TMI 405

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....edit was denied to the respondents on the ground that the credit was earned in their old name and since the respondents have changed the name and surrendered their Registration Certificate and obtained a new Central Excise Registration Certificate in their own name, they would not be entitled to utilise the Modvat credit earned by them under the name of M/s. Nicco Corporation Ltd. (Cable Division). The Commissioner (Appeals) while setting aside the Order of the Assistant Commissioner has observed as under :- "4.4. The point of dispute to be resolved now is whether there is any change in corporate status of the appellant company during the period of transition. In the eye of law a company is a juristic person being a right and duty bearin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iled earlier are not invalidated, for all practical purposes, and denial of Modvat credit by the Asstt. Collector is unjust and improper." 2. We have heard Shri J.M. Kenedy, learned J.D.R. for the Revenue who submits that the fact that the Registration Certificate was surrendered and a new Registration Certificate was taken, is indicative that previous company under the old name stopped existing. The company under the new name was required to follow all the Central Excise procedures, which have not been admittedly followed by them. As such, he submits that this fact itself should have been taken into consideration by the Commissioner (Appeals) and the Revenue's demand of the Modvat credit earned by the previous firm should have been....