TaxTMI 
TaxTMI 
2024 (3) TMI 8
X X X X Extracts X X X X
X X X X Extracts X X X X
....s approved by Hon'ble Delhi High Court on 10.09.1999. Before the order of merger, M/s. Britco has made an application dated 20.02.1998 requesting to transfer the unutilized Cenvat credit on inputs to the tune of Rs. 4,26,896/- and on capital goods to the tune of Rs. 4,23,96,092 lying in the balance of their statutory records. After approval of the merger of M/s. Britco into appellant Company, as ordered by Hon'ble Delhi High Court, the appellant on 20.10.1999 had made another application to the Commissioner of Central Excise requesting permission to transfer the unutilized Modvat credit into the appellant's statutory records. As the department has not taken any action regarding transfer of unutilized modvat/Cenvat credit, the appellant file....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... to transfer to the appellant's statutory records. However, the learned Commissioner has not given any order as regards the claim of interest as made by them before the Hon'ble High Court regarding delayed permission of allowing transfer of the Cenvat credit. In the mean time, a show cause notice dated 31.01.2005 was served to the applicant asking them to show cause as to why interest of Rs. 2,20,56,050/- claimed by them should not be rejected. The matter was adjudicated by learned Commissioner vide order-in-original 05/Commissioner/2005 dated 11.04.2005 whereunder the claim of interest was rejected on the argument that there is no provision of interest under Central Excise Act and Rules. 3. The appellant feeling aggrieved of the above r....
X X X X Extracts X X X X
X X X X Extracts X X X X
....y the Hon'ble High Court of Delhi on 11.02.2000. Thereby interest @ 9% for delay in allowing the transfer of credit on Input and capital goods amounting to Rs.1,21,30,988/- 6% interest per annum on the interest amount from the due date of application i.e., 11.02.2000 up to 15.04.2013 amounting to Rs.72,99,467/- As it is learnt that legal section has received certified copy, Hon'ble High Court order dated 02.04.2013 on 15.04.2013, the date of computation of interest is taken up to 15.04.2013, as also requested by the claimant." 4. The appellant feeling aggrieved of the above order has filed an appeal before Commissioner (Appeals) who vide his impugned order-in-appeal dated 16.12.2013 has rejected the appellant's claim holding....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the appellant had not supplied the certified copy of the order issued by the High Court of Delhi. The appellant contended that the department never requested for the certified copy of the order passed by the Hon'ble High Court of Delhi approving the scheme of merger. I find that it is the obligatory part of the appellant to provide all the relevant documents while applying for the transfer of the unutilized credit. In the instant case the order passed by the Hon'ble High Court of Delhi is the only relevant document which was required to be submitted by the appellant along with the application. I further find that the appellant submitted the copy of order in question only on 11.02 2000. Hence, I find that the views taken by the adju....
X X X X Extracts X X X X
X X X X Extracts X X X X
....oduce Hon'ble Gujarat High Court order dated 02. 04. 2013 : - "7. The learned Advocate for the respondents on the other had relied on the decision of the Hon'ble Apex Court in the matter of Union of India & Ors vs. M/s. Upper danger Sugar & Industries Ltd. (supra) which can be distinguished on facts. It was a case where the issue vas regarding interest on rebate of excess production wherein it was held that in absence of any statutory provision, interest could not have been awarded. The question that whether the assessee was entitled to credit or not wan alee net free from doubt. It was a question which was bona fide agitated and settled by the Tax Tribunal. It was also not a case where the money had been withheld unjustifiably....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... only question which is there before us to decide is what is the period of delay and which date is to be taken as a relevant date merger of M/s. Britco with M/s. Hindustan Coca Cola Beverages Limited. We find that the scheme of arrangement of merger between M/s. Britco Foods Company Limited (M/s. Britco) with M/s. Hindustan Coca Cola Beverages Limited was approved by Hon'ble Delhi High Court vide its order dated 10.09.1999 and this merger order of Hon'ble High Court was conveyed by the appellant to the department vide its order dated 20.10.1999. We are of the opinion that the Modvat/Cenvat credit which was lying in the balance of M/s. Britco stand transferred to M/s. Hindustan Coca Cola Beverages Limited from the date of merger of two entit....