2015 (10) TMI 550 - SCH - Central Excise

The SC dismissed the Review Petition for lack of apparent error in the order under review.

The SC dismissed the Review Petition for lack of apparent error in the order under review. - 2015 (320) E.L.T. A175 (SC) Recovery of demand from successor of Unit - Priority of dues - Liability under the provisions of Excise Act and State Financial Corporation Act - Whether liability arises in law (de-hors the stipulation in Sale Deed /Agreement of Sale) having regard to the legal provisions contained in the Excise Act and State Financial Corporation Act - Supreme Court after condoning the delay was convinced that the order of which review has been sought does not suffer from any error apparent warranting its reconsideration, hence dismissed the same. The appeal was filed by the Revenue against the decision of Supreme Court [2013 (8) TMI 540 - SUPREME COURT]; wherein Court held that The statutory dues were in respect of those items produced and not the plant and machinery which was used for the purposes of manufacture - The expressions in the Sale Deed as well as in the Agreement for purchase of plant and machinery talks of statutory liabilities “arising out of the land” or statutory liabilities “arising out of the said properties” (i.e. the machinery) - it was only that statutory liability which arises out of the land and building or out of plant and machinery which is to be discharged by the purchaser - Excise dues were not the statutory liabilities which arised out of the land and building or the plant and machinery - Statutory liabilities arising out of the land and building could be in the form of the property tax or other types of cess relating to property. The Supreme Court dismissed the Review Petition after finding no error apparent in the order under review.