2008 (1) TMI 793 - AT - Central Excise

Summary

Issues:
Transfer of credit on inputs and capital goods post-sale of business, disallowance of credit, penalty imposition.

Analysis:

Transfer of Credit on Inputs and Capital Goods Post-Sale of Business:
The case involved the sale of a business of manufacturing and selling Allethrin, including assets like building, plant, machinery, furniture, safety equipment, patent, and goodwill to M/s. Sumitomo Chemicals India Pvt. Ltd. The applicant retained possession of the factory, capital goods, semi-processed goods, inputs, and raw materials after the sale. The Commissioner disallowed credit of specific amounts attributable to inputs and capital goods as the buyer did not apply for transfer of credit. The appellant argued that since the goods remained in their possession and were used for manufacturing excisable goods, credit should not be disallowed. The Tribunal considered the Cenvat scheme's objective to prevent duty cascading and held that even after the ownership transfer, the conditions for credit utilization were met. Consequently, the Tribunal found in favor of the applicant, waiving the pre-deposit of duty and penalty.

Disallowance of Credit and Penalty Imposition:
The Commissioner's order disallowed credit on inputs and capital goods due to the buyer's failure to apply for credit transfer, imposing a penalty of Rs. 5 lakhs on the appellant. The appellant contended that as they continued to possess and use the goods for manufacturing excisable products, credit disallowance was unjustified. The Tribunal referenced various precedents like Whirlpool of India Ltd. and Tata Motors Pvt. Ltd. to support the appellant's argument. After considering both parties' submissions, the Tribunal concluded that the appellant had a prima facie case in their favor, leading to the unconditional allowance of the stay petition.