https://www.taxtmi.com/caselaws?id=2968 Excise dues did not create a first charge and could not override a secured creditor's rights under SARFAESI, because priority of State dues exists only where the statute expressly so provides and the non obstante clause in SARFAESI prevailed. A prior revenue attachment did not defeat the secured creditor's sale, as attachment does not create title or lien. A sale by a secured creditor could be treated as a transfer for the proviso to Section 11 of the Central Excise Act, but mere purchase of assets did not amount to transfer or disposal of the business or trade; succession liability arose only on transfer of the business as a going concern. en-us Tue, 05 Feb 2008 00:00:00 +0530 Thu, 18 Jan 2018 14:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=2968 Excise dues did not create a first charge and could not override a secured creditor's rights under SARFAESI, because priority of State dues exists only where the statute expressly so provides and the non obstante clause in SARFAESI prevailed. A prior revenue attachment did not defeat the secured creditor's sale, as attachment does not create title or lien. A sale by a secured creditor could be treated as a transfer for the proviso to Section 11 of the Central Excise Act, but mere purchase of assets did not amount to transfer or disposal of the business or trade; succession liability arose only on transfer of the business as a going concern. Case-Laws Central Excise Tue, 05 Feb 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=2968