9911796707
TMI Blog2002 (5) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... confirmed the duty demand of Rs. 2,87,435/- along with equal amount of penalty and also imposed personal penalty of Rs. 50,000/- on the appellants. 2. The appellant-company is engaged in the manufacture of slide fastner and parts thereof. The amalgamation of the company took place with M/s. Shamil Industries (P) Ltd. An intimation regarding this amalgamation was given by the appellant-company to the excise department vide letter dated 27-12-99. But after examining the copy resolution of amalgamation, it revealed that the amalgamation of the two companies was effective from 1-4-99. Therefore, the clearances of the company M/s. Shamil Industries were to be clubbed with that of the appellant-company, from 1-4-99. But the appellant compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, from 1-4-99 legally, so as to deny the benefit of SSI exemption to them. He has also contested that duty demand raised is time-barred as there was no suppression of facts regarding amalgamation of the two companies with effect from 24-12-99, from the excise department, by the appellant-company. The impugned order of the Commissioner (Appeals) deserves to be set aside. 5. The learned SDR simply reiterated the correctness of the impugned order of the Commissioner (Appeals). 6. We have heard both the sides and gone through the record. 7. The facts are not much in dispute. Admittedly, the amalgamation of the company M/s. Shamil Industries with the appellant-company took place. The appellant-company became the transferee com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctive date and all the profits and incomes accruing or arising to the transferor company was to be treated to be profits or incomes or expenditure or losses of the transferee company i.e. appellant-company. It is thus quite evident from the above referred clauses of the amalgamation scheme which had been incorporated in the order of the Hon'ble High Court while disposing of the petition of the appellant-company under the Companies Act, that the amalgamation between the appellant- company and the company M/s. Shamil Industries took place w.e.f. 1-4-99. Therefore, the clearances of both the companies had been rightly clubbed from that date. 8. The argument of the Counsel that amalgamation should be deemed to had been effective from 24-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant-company. In support of this contention, the Counsel has referred to the decision in the case of Collector of Central Excise, Kanpur v. U.P. Lamination - 1997 (89) E.L.T. 440, wherein the Apex Court had observed that in the absence of allegations in the show cause notice regarding contravention of relevant provisions with intent to evade duty, the extended period cannot be invoked. Another case, referred to by the Counsel is Gufic Pharma Pvt. Ltd. v. CCE, Vadodara - 1996 (85) E.L.T. 67, wherein the Tribunal had taken the view that failure to disclose details about the financing of the units would not attract the extended period there being no provision under which the source of finance was required to be declared. But, in our view, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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