2016 (1) TMI 344

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....hartered Accountant For the Respondent : Shri S.K. Shukla, Authorised Representative ORDER Per : Mr. P.M. Saleem The appellants herein M/s. PSP Projects Pvt. Limited is a successor of M/s. BPC Projects, a proprietorship firm. The said firm M/s. BPC Projects merged with the appellants on 01.4.2009. On the said date M/s. BPC Projects had Rs. 5,89,415/- as PLA balance. The appellants inti....

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..... PSP Projects Pvt. Limited on 01.4.2009. Therefore, all the assets and liabilities of M/s. BPC Projects were taken over by M/s. PSP Projects Pvt. Limited. Hence M/s. PSP Projects Pvt. Limited are rightly entitled to avail PLA balance lying with M/s. BPC Projects on 01.4.2009. M/s. PSP Projects Pvt. Limited have paid the service tax liability of M/s. BPC Projects also after 01.4.2009. Learned Cons....

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....ue to merger on 01.4.2009. Hence it is not correct to hold that transfer of the said amount was not correct and therefore the utilisation of the same towards duty liability of M/s. PSP Projects Pvt. Limited is not proper. The said proposition is not tenable and demanding short levy on the said ground is not sustainable. The learned Consultant also submitted that the demand was time barred. 3. O....

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.... from October 2009 is within the time limit and is proper and sustainable. 4. On consideration of the arguments of both sides and scrutiny of records, it is observed that there is no dispute that Rs. 5,89,415/- was lying in the PLA account of M/s. BPC Projects as on 01.4.2009. Since M/s. BPC Projects merged with M/s. PSP Projects Pvt. Limited with effect from 01.4.2009, the legal existence of M....