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TMI Blog2007 (4) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... ey No. 42, 45 & 46, Bachupalli, Qutubullapaur Mandal, Ranga Reddy District Andhra Pradesh, Pin 500 072' 2. It has been submitted in the appeal memorandum that M/s. Dr. Reddy's Laboratories (DRL), Ranga Reddy Dist, A.P. had purchased majority shares of M/s. American Remedies Limited (ARL) and thereafter amalgamated ARL with DRL. In view of the above development, the application seeks change of cause title as above. 3. Ld. Counsel appearing for the respondents does not have any objection to the proposed change of Cause Title. Accordingly the miscellaneous application filed by the Revenue is allowed. - 4. Now I take up the appeal proper for disposal. This appeal has been filed against the Order-in-Appeal No. 16/2003 dt. 18-12-03 passed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proposal, inter alia, to demand credit relatable to inputs and the capital goods that had been transferred to SMPPL on sale along with land, building, factory and all of its machinery. In passing the impugned order, as well as the order-in- original, the lower authorities relied on the judgment of this Tribunal in Jamna Auto Industries Ltd. v. CCE [2001 (130) E.L.T. 181 (Trib)]. In the above decision, the Tribunal had found that all the inputs, work-in-progress (at the time of sale) had been converted into finished goods and all finished goods had been sold after payment of appropriate duty. If the Departmental officers had asked Jamna Auto to pay duty at the time of registration and the same was paid then Jamna NHK (buyer of the facto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s regards inputs and 57S(5) and 57S(6) as regards capital goods. As SCPL had surrendered Central Excise registration certificate, they were not in a position to utilize -the credit availed for discharging duty on final products. Therefore, the proposals made in the notice to recover credit of Rs. 4,82,791/- should have been confirmed. Therefore, the orders of the lower authorities required to be reversed. It was also submitted that revenue neutrality argued by M/s. SCPL was not adequate defence for non-payment of duty on the credit availed on raw materials/packing materials/capital goods. Revenue sought to rely upon Eastern Electro Chemical Industries v. CCE, Indore [2000 (121) E.L.T. 283 (Tri.)] and Jay Yuhshin Ltd. v. CCE, New Delhi [2000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indented to be manufactured with the impugned materials. Rule 57F(20) permitted a manufacturer to transfer unutilized credit in the RG 23A account, among other reasons due to change in ownership of the factory. As per Rule 57F(21) transfer of credit envisaged in Rule 57F(20) was permissible provided the stock of inputs as such or in process were also transferred along with the factory to the new owner. The provisions relating to capital goods contained in sub-rules (5) and (6) of Rule 57-S were pari materia with the corresponding provisions relating to inputs i.e. Rule 57F(20) and (21). The case records and the submissions made by both sides indicate that the respondents' factory was transferred along with its entire assets and liabilities ..... X X X X Extracts X X X X X X X X Extracts X X X X
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