https://www.taxtmi.com/caselaws?id=343320 An auction purchaser of secured assets sold under the SARFAESI framework could not be compelled to clear the predecessor's excise arrears as a condition for registration of the sale deed. The sale certificate issued under Rule 9(6) recorded that the property was sold free from encumbrances known to the secured creditor, and Section 31B gave the secured creditor's dues priority over Government dues, including taxes and cesses. In the absence of a statutory first charge fastening the earlier excise liability on the property, the prior dues could not be shifted to the purchaser. Refusal to register the sale deed on that ground was therefore unsustainable. en-us Mon, 08 May 2017 00:00:00 +0530 Tue, 23 May 2017 07:53:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=343320 An auction purchaser of secured assets sold under the SARFAESI framework could not be compelled to clear the predecessor's excise arrears as a condition for registration of the sale deed. The sale certificate issued under Rule 9(6) recorded that the property was sold free from encumbrances known to the secured creditor, and Section 31B gave the secured creditor's dues priority over Government dues, including taxes and cesses. In the absence of a statutory first charge fastening the earlier excise liability on the property, the prior dues could not be shifted to the purchaser. Refusal to register the sale deed on that ground was therefore unsustainable. Case-Laws Companies Law Mon, 08 May 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=343320