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    <title>2018 (2) TMI 276 - CESTAT MUMBAI</title>
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    <description>Mere purchase of a defaulting unit&#039;s assets in auction does not make the buyer liable for the former owner&#039;s Central Excise dues. The auction purchaser had acquired only assets from a State financial corporation and had not taken over the business as a going concern or the ownership of the business, so successor liability was not attracted. The Tribunal also applied the principle that dues do not have priority over secured creditors&#039; claims in this context. Recovery of the predecessor&#039;s excise dues from the auction purchaser was therefore unsustainable and was set aside.</description>
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    <pubDate>Fri, 29 Dec 2017 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=354855</link>
      <description>Mere purchase of a defaulting unit&#039;s assets in auction does not make the buyer liable for the former owner&#039;s Central Excise dues. The auction purchaser had acquired only assets from a State financial corporation and had not taken over the business as a going concern or the ownership of the business, so successor liability was not attracted. The Tribunal also applied the principle that dues do not have priority over secured creditors&#039; claims in this context. Recovery of the predecessor&#039;s excise dues from the auction purchaser was therefore unsustainable and was set aside.</description>
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      <pubDate>Fri, 29 Dec 2017 00:00:00 +0530</pubDate>
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