https://www.taxtmi.com/caselaws?id=267337 Liability for outstanding central excise dues cannot be fastened on an auction purchaser where only secured assets are sold and the business is not transferred as a going concern. The proviso to section 11 applies only when the defaulter transfers the business or trade, or changes ownership, and the transferee succeeds to that business; a mere sale of land, plant, machinery and other assets does not create successor liability. The existence of a statutory charge under section 11E does not alter that result. A show cause notice for suspension or revocation of excise registration was also unsustainable where it rested on alleged breach of sale-certificate conditions and on the earlier registration of the same premises in the defaulting company's name, since registration is person-specific and contractual sale conditions do not bind the excise authorities. en-us Fri, 26 Sep 2014 00:00:00 +0530 Thu, 05 May 2016 15:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=267337 Liability for outstanding central excise dues cannot be fastened on an auction purchaser where only secured assets are sold and the business is not transferred as a going concern. The proviso to section 11 applies only when the defaulter transfers the business or trade, or changes ownership, and the transferee succeeds to that business; a mere sale of land, plant, machinery and other assets does not create successor liability. The existence of a statutory charge under section 11E does not alter that result. A show cause notice for suspension or revocation of excise registration was also unsustainable where it rested on alleged breach of sale-certificate conditions and on the earlier registration of the same premises in the defaulting company's name, since registration is person-specific and contractual sale conditions do not bind the excise authorities. Case-Laws Central Excise Fri, 26 Sep 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=267337