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TMI Blog2015 (10) TMI 1670X X X X Extracts X X X X X X X X Extracts X X X X ..... riate action should have been taken against Mumbai unit and because of merger no action could have been initiated against Mumbai unit since it ceased to exist. Since there is no dispute that the Bangalore unit had reversed the credit while transferring the inputs, the impugned order taking a view that the credit has to be denied and demanded cannot be sustained. At the same time it has to be taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 imposed under Section 77 is upheld. - Decided partly in favour of assessee. - ST/Stay/21637/2014, ST/21171/2014-SM - Final Order No. 20437/2015 - Dated:- 20-2-2015 - B S V Murthy, Member (T),J. For the Appellant : Mr L S Karthikeyan, Adv. For the Respondent : Mr Pakshi Rajan, (AR) ORDER Per: B S V Murthy: The appellant was functioning as M/s. Kalmar India Pvt. Ltd. in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was alleged that the appellant did not clear the inputs as such under a proper invoice and on this ground, the CENVAT credit of ₹ 24,83,035/- has been held to be inadmissible and demanded with interest and penalties under Sections 76, 77 78 of the Finance Act, 1994 have been imposed. 2. After hearing both the sides I found that the appeal itself can be decided. Accordingly, the payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spute that the Bangalore unit had reversed the credit while transferring the inputs, the impugned order taking a view that the credit has to be denied and demanded cannot be sustained. At the same time it has to be taken note of fact that the procedure followed by the appellant for transferring the stock of inputs just by reversal without raising a proper invoice to their Mumbai Unit was not in ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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