Case Law Details
Neelachal Ispat Nigam Ltd. Vs Union of India and others (Orissa High Court)
Case Background
Neelachal Ispat Nigam Limited (NINL), a joint venture company registered under the Companies Act, 1956, engaged in manufacturing pig iron, billets, coke, and crude tar, filed a writ petition challenging the validity of a demand-cum-show cause notice dated September 10, 2008. This notice was issued by the Central Excise Department, which claimed that NINL wrongly availed of Cenvat credit amounting to Rs. 39,17,30,118 after its merger with Konark Met Coke Limited (KMCL).
KMCL, a manufacturer of metallurgical coke and other products, merged with NINL on December 8, 2004, with all its assets and liabilities. At the time of the merger, KMCL had an unutilized Cenvat credit balance, which was transferred to NINL’s account after approval from the Jurisdictional Assistant Commissioner, Central Excise, Customs & Service Tax, Balasore Division.
Issues Raised
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