https://www.taxtmi.com/caselaws?id=456567 A statutory tax charge could not be enforced against a bona fide auction purchaser of secured assets sold under SARFAESI on a free-from-encumbrances basis, because the bank's mortgage and sale certificate took precedence and the department had not crystallised or effectively enforced its dues before the auction. The purchaser was therefore not liable for the defaulting company's past tax dues, and recovery remained available only against the original debtor or other assets. Under the Gujarat Land Revenue Code, a mere charge not amounting to a mortgage could not be entered or certified in the revenue record against the purchaser, so the mutation and attachment entries were invalid. en-us Wed, 14 Oct 2015 00:00:00 +0530 Thu, 01 Aug 2024 20:46:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456567 A statutory tax charge could not be enforced against a bona fide auction purchaser of secured assets sold under SARFAESI on a free-from-encumbrances basis, because the bank's mortgage and sale certificate took precedence and the department had not crystallised or effectively enforced its dues before the auction. The purchaser was therefore not liable for the defaulting company's past tax dues, and recovery remained available only against the original debtor or other assets. Under the Gujarat Land Revenue Code, a mere charge not amounting to a mortgage could not be entered or certified in the revenue record against the purchaser, so the mutation and attachment entries were invalid. Case-Laws VAT and Sales Tax Wed, 14 Oct 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456567