Final Order No. 40508/2016 in Appeal No. E/41694/2013-SM. Case: Commissioner of C. Ex., Chennai-I Vs Supreme Petrochem Ltd.. Chennai (Madras) High Court CEGAT & CESTAT Cases

Case NumberFinal Order No. 40508/2016 in Appeal No. E/41694/2013-SM
Party NameCommissioner of C. Ex., Chennai-I Vs Supreme Petrochem Ltd.
CounselFor Appellant: Shri K. Veerabhadra Reddy, ADC (AR) and For Respondents: Shri M. Karthikeyan, Advocate
JudgesShri D.N. Panda, Member (J)
IssueCenvat Credit Rules, 2004 - Rule 10
Citation2016 (339) ELT 271 (Tri. - Chennai)
Judgement DateMarch 17, 2016
CourtChennai (Madras) High Court CEGAT & CESTAT Cases

Order:

  1. Appellant points out that the structure M/s. Supreme Petro-chem Ltd. is the outcome due to merger of M/s. Supreme Petro-chem Ltd. and M/s. SPL Polymers Ltd. Merger proposal was also decreed by the Company Court in CP Petition No. 91/2008 disposed on 16-6-2008. By virtue of the order of the Hon''ble Court what that was the entitlement of the merging company became entitlement of the merged company. That being the law, for the purpose of grant of Cenvat credit under Rule 10(1) of Cenvat Credit Rules, 2004, there cannot be denial of such credit on the ground that the merged company was a dealer.

  2. Revenue supports the adjudication. 

  3. It is elementary principle of jurisprudence that what that was entitlement of the...

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