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    <title>2011 (2) TMI 1367 - GUJARAT HIGH COURT</title>
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    <description>Excise dues could not be enforced against a purchaser where the property had been sold by a secured creditor in exercise of statutory security powers, because the secured creditor&#039;s claim had priority over an unsecured crown debt and the bona fide purchaser took the assets free from the earlier liability. A delayed recovery attempt made years after the dues arose was treated as unreasonable and unenforceable, especially after third-party rights had intervened. Fresh Central Excise registration also could not be refused merely because the earlier occupier&#039;s registration had not been formally cancelled or surrendered once the unit had ceased operations; the statutory scheme required registration of the person seeking it, and the refusal lacked legal basis.</description>
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    <pubDate>Mon, 28 Feb 2011 00:00:00 +0530</pubDate>
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      <title>2011 (2) TMI 1367 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=171974</link>
      <description>Excise dues could not be enforced against a purchaser where the property had been sold by a secured creditor in exercise of statutory security powers, because the secured creditor&#039;s claim had priority over an unsecured crown debt and the bona fide purchaser took the assets free from the earlier liability. A delayed recovery attempt made years after the dues arose was treated as unreasonable and unenforceable, especially after third-party rights had intervened. Fresh Central Excise registration also could not be refused merely because the earlier occupier&#039;s registration had not been formally cancelled or surrendered once the unit had ceased operations; the statutory scheme required registration of the person seeking it, and the refusal lacked legal basis.</description>
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      <pubDate>Mon, 28 Feb 2011 00:00:00 +0530</pubDate>
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