TaxTMI 
TaxTMI 
2009 (1) TMI 721
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.... This is an appeal filed by M/s. Henkel India Ltd. (HIL), against an order of the Commissioner of Central Excise demanding an amount of Rs. 8,79,757/- from them under Rule 14 of the Cenvat Credit Rules, 2002 (CCR), read with proviso to Section 11A(1) of the Central Excise Act, 1944 (the Act), demanding interest of Rs. 1,05,150/- on the above amount under Rule 14 of CCR read with Section 11A....
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....ger period of limitation, the Commissioner found that the appellants had removed inputs without paying back the credit availed to the exchequer when the factory was leased out to HSIL. HIL had suppressed the fact of removal of inputs to the lessee of the factory, HSIL and had not paid back the credit due to the exchequer. The impugned order came to be passed by the Commissioner on the above findin....
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....nalty were not sustainable also for the reason that the Show Cause Notice had invoked larger period without justification. The department was aware that HIL had wound up operations as a central excise assessee immediately on leasing the factory to HSIL. HIL had surrendered the registration and intimated the fact to the department in 2004. The demand notice issued in the year 2006, therefore, was h....
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....ownership of the factory had changed since there had been no removal of inputs/capital goods as contemplated under Rule 9 and 49 of the CER. (ii) Bilt Industrial Packaging Co. Ltd. v. CCE, Salem - 2007 (216) E.L.T. 217 (Tri.-Chen.) Deciding the dispute as to the liability of an assessee to pay back to the exchequer the credit availed on inputs and capital goods when they were tr....