2013 (11) TMI 284

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....vt. Ltd. was transferred to M/s S.C. Johnson Products Pvt. Ltd. on 21/3/03 and the remaining 50% of the shareholding of M/s Karamchand Appliances Pvt. Ltd. was acquired by M/s S.C. Johnson Products Pvt. Ltd. on 12/5/05. Thereafter the plan for amalgamation of M/s Karamchand Appliances Pvt. Ltd. with the appellant company M/s S.C. Johnson Products Pvt. Ltd. was sent to Hon'ble Delhi High Court for approval and the amalgamation of M/s Karamchand Appliances Pvt. Ltd. with the appellant company was approved by Hon'ble High Court on 09/6/06 w.e.f. 01/6/05. 1.1 As on 12/5/05, there was Cenvat credit balance of Rs. 31,12,209/- in the RG-23A account being maintained by M/s Karamchand Appliances Pvt. Ltd. and the same was fully utilised by end of....

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....of M/s Karamchand Appliances Pvt. Ltd. with the appellant company was effective in terms of the High Court's order only on 01/6/05, that before 01/6/05, the old unit - M/s Karamchand Appliances Pvt. Ltd. and the appellant M/s S.C. Johnsons Products Pvt. Ltd. were separate companies, that since prior to 01/6/05, there was no merger, there was no question of transfer of any Cenvat credit of Rs. 31,12,209/- lying in the Cenvat credit account of M/s Karamchand Appliances Pvt. Ltd. to the appellant, that this credit had been utilised by M/s Karamchand Appliances Pvt. Ltd. and hence there is no basis for the departments case against the appellant. He also cited the judgment of Division Bench of the Tribunal in the case of CST, Delhi - I vs. ITC ....