WHIRLPOOL OF INDIA LTD. Vs. CCE

JUDGEMENT

(1.) Heard both sides.

(2.) Appellants filed this appeal against the adjudication order passed by the Commissioner of Central Excise.

(3.) Brief facts of the case are that the appellants are manufacturing refrigerators and in their compressor division, the}' were manufacturing compressors for captive consumption in the manufacture of refrigerators. Appellants were availing the benefit of MODVAT credit in respect of capital goods installed in the compressor division. Appellants sold the compressor division along with plant and machinery to M/s Tecumseh India Pvt. Ltd. (TIPL). Appellants made a necessary request for amendment in the Central Excise Registration, which was allowed by the revenue authorities. A show cause notice was issued to the appellants for demanding duty on the capital goods sold to M/s. TIPL and penal action was also proposed against the appellants. The adjudicating authority confirmed the demand and imposed a penalty on the appellants.