2009 (11) TMI 652

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Shri S.S. Gupta, C.A., for the Respondent. [Order]. -  This appeal is filed by the Revenue. The facts of the case are that M/s. Dow Agro Sciences India (P) Ltd. (respondent) are engaged in the manufacturing of pesticides and the respondent informed to the Revenue on 28-3-2005 that De-nocil Crop Protection India Pvt. Ltd. has been a joint venture of M/s. Dow Agro Sciences and National Or....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....filled the provisions of the Cenvat Credit Rules, 2004 and in the absence of specific permission to show that the input as well as the capital goods, on which the credit was taken, had been duly accounted for and the credit received by the respondent is recoverable from them. 3. Heard. 4. I find that the issue is that whether the respondent are entitled to avail the credit after th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s and capital goods as available on the date of transfer of such change and the same would be allowed to be transferred to new factory or ownership with condition that if the same are duly accounted for to the satisfaction of DC/AC as the case may be. So the issue is whether the respondent-company has undergone the physical change or not. Secondly, whether the respondent-company has accounted for ....