HERO MOTORS LTD Vs. CCE

JUDGEMENT

(1.) We have heard Shri Bharat Ji Agarwal, Senior Advocate assisted by Shri R.R. Kapoor, learned counsel appearing for the appellant. Shri B.K.S. Raghuvansi appears for the department.

(2.) In this Central Excise Appeal under Section 35-G of the Central Excise Act, 1944, arising out of the judgement of Customs, Excise & Service Tax Appellate Tribunal dated 24.6.2004 in Appeal No. E/3352-3353/03-NB(B) (arising out of Order-in-Original No. 11/Commr/GZB/03 dated 30.7.2003 passed by the Commissioner, Customs & Central Excise Commissionerate: Ghaziabad), 'Hero Motors Limited' (formerly Majestic Auto Ltd)-the appellant has raised the following questions of law:-

(3.) The facts giving rise to this appeal are that on the sanction of scheme of arrangement between M/s Hero Auto Limited (transferee company) and M/s Majestic Auto Limited (transferor company) by the Delhi High Court by its order dated 22.7.2004 in Company Petition No. 3 of 2004, all the properties, rights, and claims and undertaking relating and pertaining to the Ghaziabad business of the transferor company was transferred to the transferee company. M/s Hero Auto limited (transferee company), which changed its name to 'Hero Briggs & Stratton Auto Private Limited' as per fresh certificate of incorporation vide Certificate of Incorporation dated 14.9.2004 under Section 23 (1) of the Companies Act, 1956.