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TMI Blog2003 (7) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... ellants initially were manufacturing Purifying Systems as a partnership concern which has been converted into a Private Limited company on 11-5-92; that all the partners became the directors of the appellant-company; that the name, manufacturing activities and location, however, remained the same; that under their letter dated 11-5-92 itself they requested the Director of Industries for amendment of their SSI registration certificate; that the Commissioner under the impugned Order has denied them the benefit of Notification No. 175/86 and confirmed the demand of duty besides disallowing the Modvat credit. The learned Advocate, further, submitted that it has been held by the Tribunal in the case of CCE v. M.P.V. Engg. Industries, 2003 (153 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he benefit of the notification the factory is required to be registered with the Directorate of Industries; that the partnership firm had been converted into Pvt. Ltd. company which is an independent juristic person; that being new undertaking it should have obtained the SSI certificate to avail the exemption under the notification. He, further, mentioned that there is no provision in any of the Modvat Rules which automatically entitle the successor company to avail the benefit of Modvat credit available to the predecessor concern; that as no declaration had been filed by the appellants they are not eligible to avail of the Modvat credit. 5. We have considered the submissions of both the sides. It has not been disputed by the Revenue that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellants are eligible to avail of the benefit of the SSI exemption w.e.f. 11-5-92. 6. The learned adjudicating authority has disallowed the benefit of Modvat credit only on the ground that no declaration was filed by the Appellants as Puromatic Filters Pvt. Ltd. It has not been disputed by the Revenue that the Appellants had filed the declaration while manufacturing the goods as partnership firm and availing the benefit of Modvat Credit Scheme. It is not a case where the factory has been shifted to a new premises or where the factory has been purchased by other units. In the present appeal the status of the Appellants have changed from a partnership concern to a private limited company. As per vender agreement, which has been broug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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