https://www.taxtmi.com/caselaws?id=265572 Duty equivalent to CENVAT credit originally taken by a seller on capital goods could not be demanded from the purchaser where the assets were bought as used machinery and not as a transfer of the running business. Rule 57AB(1C) of the Central Excise Rules, 1944 and Rule 3(4) of the Cenvat Credit Rules, 2001 apply when capital goods on which credit has been taken are removed as such by the manufacturer who availed the credit. As the purchaser had not availed the seller's credit and no excise dues were confirmed against the seller, successor liability was not established. The related interest and penalties also could not survive. en-us Mon, 13 Apr 2015 00:00:00 +0530 Wed, 10 Feb 2016 18:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=265572 Duty equivalent to CENVAT credit originally taken by a seller on capital goods could not be demanded from the purchaser where the assets were bought as used machinery and not as a transfer of the running business. Rule 57AB(1C) of the Central Excise Rules, 1944 and Rule 3(4) of the Cenvat Credit Rules, 2001 apply when capital goods on which credit has been taken are removed as such by the manufacturer who availed the credit. As the purchaser had not availed the seller's credit and no excise dues were confirmed against the seller, successor liability was not established. The related interest and penalties also could not survive. Case-Laws Central Excise Mon, 13 Apr 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=265572