2004 (7) TMI 213

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....T)]. - Appellants were having a factory at GIDC Kalol where they were availing Modvat credit on inputs received for use in manufacture of PVC Battery Separator and PVC Compounds. They set up another factory at village Wamaj Kadi for manufacture of Glass Fibre Battery Separators. They decided to shift the plant and machinery of Kalol factory to Wamaj and sent a letter dated 16-12-97 to the Commissi....

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....61,73,563.50 and allowed the credit of Rs. 33,714.40 under Rule 57F(20). Hence this appeal. 3. After hearing both sides and considering the issues, it is found :- (a)     Rules 57F(20) and (21), which are applicable, at the relevant time read as - "(20) On an application made by a manufacturer of the final products, the Commissioner may, subject to such conditions and ....

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....the satisfaction of the Commissioner." (b)     The decision relied upon by the ld. Commissioner of this Tribunal in the case of the N.K. Chemical Industries - 1998 (100) E.L.T. 495 was a decision passed by Rules 57F(6) as it stood at the material time and that rule is not applicable in this case. Therefore the decision of the ld. single member cannot be applied in this case.....

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....er of the Commissioner placing limits on the transfer of the amount in accounts, relating to the physical quantum of inputs being transferred, therefore cannot be upheld. The contention of the ld. Advocate for the appellant, that sale merger/amalga-mation of transfer contemplating in Rules 57A (20)/(21) and 57S(5)/(6) of Central Excise Rules, 1944 are not sale merger/amalga-mation etc. of a Compan....