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    <title>2014 (4) TMI 989 - GUJARAT HIGH COURT</title>
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    <description>An auction purchaser of isolated assets on an &quot;as is where is&quot; basis was not fastened with the predecessor&#039;s central excise dues under the proviso to Section 11 of the Central Excise Act, 1944. The sale terms were read to cover liabilities attached to the property itself, not excise dues arising from manufacture by the former owner. A subsequent purchaser is not liable for Government dues unless the statute creates a specific first charge or the entire business is acquired as a going concern. Because only land, building, plant and machinery were purchased, the erstwhile owner&#039;s excise liability could not be recovered from the purchaser, and the Revenue&#039;s challenge failed.</description>
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    <pubDate>Thu, 06 Mar 2014 00:00:00 +0530</pubDate>
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      <title>2014 (4) TMI 989 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=247020</link>
      <description>An auction purchaser of isolated assets on an &quot;as is where is&quot; basis was not fastened with the predecessor&#039;s central excise dues under the proviso to Section 11 of the Central Excise Act, 1944. The sale terms were read to cover liabilities attached to the property itself, not excise dues arising from manufacture by the former owner. A subsequent purchaser is not liable for Government dues unless the statute creates a specific first charge or the entire business is acquired as a going concern. Because only land, building, plant and machinery were purchased, the erstwhile owner&#039;s excise liability could not be recovered from the purchaser, and the Revenue&#039;s challenge failed.</description>
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      <pubDate>Thu, 06 Mar 2014 00:00:00 +0530</pubDate>
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