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    <title>2008 (8) TMI 1007 - GUJARAT HIGH COURT</title>
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    <description>Damages and interest under the provident fund law were held not recoverable from an auction purchaser for defaults committed by the erstwhile employer, because liability under Section 14B and Section 7Q attaches to the employer and Section 17B contemplates a voluntary transfer by the employer, not an auction sale or transfer by operation of law. The Court also held that penal damages could not be imposed mechanically: the authority had to consider the purchaser&#039;s submissions, record reasons, and assess whether the default was deliberate or accompanied by mitigating circumstances. The levy was therefore unsustainable against the auction purchaser.</description>
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    <pubDate>Thu, 21 Aug 2008 00:00:00 +0530</pubDate>
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      <title>2008 (8) TMI 1007 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=300772</link>
      <description>Damages and interest under the provident fund law were held not recoverable from an auction purchaser for defaults committed by the erstwhile employer, because liability under Section 14B and Section 7Q attaches to the employer and Section 17B contemplates a voluntary transfer by the employer, not an auction sale or transfer by operation of law. The Court also held that penal damages could not be imposed mechanically: the authority had to consider the purchaser&#039;s submissions, record reasons, and assess whether the default was deliberate or accompanied by mitigating circumstances. The levy was therefore unsustainable against the auction purchaser.</description>
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      <pubDate>Thu, 21 Aug 2008 00:00:00 +0530</pubDate>
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