https://www.taxtmi.com/caselaws?id=240215 A successor company cannot be made primarily liable by original assessment for excise duty, penalty or interest arising before its incorporation, because it becomes a separate juristic entity only from incorporation. The alleged clearances were made when the business was still carried on by the sole proprietor, and in the absence of express statutory authority, liability could not be fastened on the company for pre-incorporation dues. Rule 230(2) of the Central Excise Rules, 1944 and the proviso to Section 11 of the Central Excise Act, 1944 were treated as recovery provisions operating only after valid assessment against the predecessor, not as provisions creating original liability against the successor. Lifting the corporate veil was held inapplicable. en-us Wed, 20 Nov 2013 00:00:00 +0530 Thu, 04 Sep 2014 12:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=240215 A successor company cannot be made primarily liable by original assessment for excise duty, penalty or interest arising before its incorporation, because it becomes a separate juristic entity only from incorporation. The alleged clearances were made when the business was still carried on by the sole proprietor, and in the absence of express statutory authority, liability could not be fastened on the company for pre-incorporation dues. Rule 230(2) of the Central Excise Rules, 1944 and the proviso to Section 11 of the Central Excise Act, 1944 were treated as recovery provisions operating only after valid assessment against the predecessor, not as provisions creating original liability against the successor. Lifting the corporate veil was held inapplicable. Case-Laws Central Excise Wed, 20 Nov 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=240215