Concluded tender contract controls tax incidence: purchaser cannot be saddled with additional levies after acceptance.

An accepted tender that expressly states the offer price is inclusive of all statutory levies creates a concluded contract governing tax incidence. Where the official liquidator accepted the highest offer and the Company Judge approved it, the purchaser could not later be burdened with sales tax, central sales tax, excise duty, or other tax demands contrary to the offer terms. The tax liability could not be shifted after acceptance, and the purchaser was entitled to be discharged from those demands.

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Issues: Whether, on acceptance of the highest tender which expressly stated that the offer price was inclusive of all statutory levies, the appellant could still be made liable for sales tax and other tax demands arising from the sale of the assets in liquidation.

Analysis: The offer submitted by the appellant expressly covered all statutory levies, including sales tax, central sales tax, excise duty and other applicable dues. That offer was accepted by the official liquidator and approved by the Company Judge, thereby creating a concluded contract between the parties. On that basis, the liability for taxes could not thereafter be shifted onto the appellant contrary to the terms of the accepted offer.

Conclusion: The tax demands could not be enforced against the appellant, and the appellant was entitled to be discharged from payment of those demands.

Final Conclusion: The appeal succeeded, and the appellant obtained complete relief against the demands raised in relation to the sale of the tendered items.

Ratio Decidendi: Where a tender expressly includes all statutory levies and is accepted, the resulting concluded contract governs the tax incidence and the purchaser cannot later be saddled with additional tax liability inconsistent with that contract.

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