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    <title>2005 (1) TMI 635 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Sales tax arrears could not be enforced against property sold by a secured creditor and purchased at public auction by transferees for value without notice. The provision on transfer of business was inapplicable because the purchasers acquired only the property, not the dealer&#039;s business. Although the sales tax law created a first charge on the dealer&#039;s property, it did not expressly permit recovery from a transferee for consideration without notice, and there was no material showing that the petitioners had notice of the charge. The general protection afforded to such transferees under the Transfer of Property Act therefore applied, and attachment of the auctioned property could not be sustained.</description>
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    <pubDate>Wed, 19 Jan 2005 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=161843</link>
      <description>Sales tax arrears could not be enforced against property sold by a secured creditor and purchased at public auction by transferees for value without notice. The provision on transfer of business was inapplicable because the purchasers acquired only the property, not the dealer&#039;s business. Although the sales tax law created a first charge on the dealer&#039;s property, it did not expressly permit recovery from a transferee for consideration without notice, and there was no material showing that the petitioners had notice of the charge. The general protection afforded to such transferees under the Transfer of Property Act therefore applied, and attachment of the auctioned property could not be sustained.</description>
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      <pubDate>Wed, 19 Jan 2005 00:00:00 +0530</pubDate>
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