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TMI Blog2017 (9) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... availing that credit - Held that: - The financial transaction between two legal entities as existing during the relevant time were valid and legal and the same does not become “infractuous” simply because these legal entities were amalgamated later, though effective date for record has been mentioned as 01.04.2006 - credit allowed - appeal allowed - decided in favor of appellant. - ST Appeal No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant company and M/s Ghari Industries Pvt. Limited (brand owner) were merged pursuant to an amalgamation order dated 01.02.2008 passed by the High Court of Allahabad. The High Court ordered for amalgamation w.e.f. the appointed date 01.04.2006. The Revenue entertained a view that in terms of the High Court order the two entities become one and as such there is no warrant for payment of royalty by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the impugned credit amount is also part of total demand on the same issue, issued to their Kanpur Head Office vide show cause notice dated 01.12.2011 by the Commissioner of Central Excise, Kanpur. Accordingly, he said that there were duplicate demands on the same credit. 3. Ld. AR submitted that the credit availed by the appellant was disputed on legal grounds that the amalgamation is mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o how a later order passed by the Hon ble High Court will make the tax paid invoice as infractuous . The said observation and reasoning adopted by the impugned order is legally as well as factually unsustainable. When the service tax was paid duly on the taxable service availed by the appellant and the credit was also duly availed within the scope of Cenvat Credit Rule, 2004, later development th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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