https://www.taxtmi.com/caselaws?id=406936 An auction purchaser of only land and other assets is not liable for the former owner's excise dues merely because recovery proceedings were pending. The proviso to section 11 of the Central Excise Act, 1944 applies only where business or trade is transferred or disposed of, in whole or in part; a sale of isolated assets does not amount to succession to the business. The text also notes that a secured creditor's claim prevails over unsecured crown debt, and that section 11E, inserted later, did not apply to the relevant period. Departmental notices seeking recovery from the purchaser therefore could not be sustained. en-us Thu, 22 Apr 2021 00:00:00 +0530 Thu, 21 Oct 2021 11:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=406936 An auction purchaser of only land and other assets is not liable for the former owner's excise dues merely because recovery proceedings were pending. The proviso to section 11 of the Central Excise Act, 1944 applies only where business or trade is transferred or disposed of, in whole or in part; a sale of isolated assets does not amount to succession to the business. The text also notes that a secured creditor's claim prevails over unsecured crown debt, and that section 11E, inserted later, did not apply to the relevant period. Departmental notices seeking recovery from the purchaser therefore could not be sustained. Case-Laws Central Excise Thu, 22 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=406936