2018 (5) TMI 284

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.... for the Appellant. Sh. N. Nagori, (AR), for the Respondent. [Order per: M. V. Ravindran] These two appeals are directed against Order-in-Appeal No. RKA/256-257/SRT-I/2009 Dated 09.04.2009. 2. Heard both sides and perused the records. 3. On perusal of records it transpires that the issue is regarding confirmation of demand of duty on the grounds of clandestine removal of the goods. ....

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....nexure to the conveyance deed and assignment deed drawn as per direction of High Court included the payment due to Revenue out of the investigation which has culminated in issuance of Show Cause Notice in this case. In support of such claim, he brings to my notice the order of High Court in company application No. 173/2004 and annexure to the conveyance deed and assignment, indicating the amounts ....

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....iabilities of appellant to M/s Kiritida Silk Mills for total consideration which were paid and the possession was handed over. From the list the payments made by the said M/s Kiritida Silk Mills, in the annexure to the conveyance deed of assignment signed by the final liquidator, indicates at serial No. 84 payment of Rs. 10,37,837/- debit entry in the registers; it transpires that the said amount ....

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....in a winding up proceedings. It is now a settled law that debites made in Cenvat account will amount to discharge of duty liability and Central Board Excise and Customs by Circular No. 962/05/2012-CX.8 dated 28.03.2012 has clarified so; keeping this clarification in mind and entire demand stands paid in my view no demand can survive against M/s Anjani Dying & Printing Mills. In the peculiar facts ....