<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2002 (2) TMI 121 - HIGH COURT OF ORISSA AT CUTTACK</title>
    <link>https://www.taxtmi.com/caselaws?id=46304</link>
    <description>Excise duty outstanding against the original defaulter could be recovered from the transferee of the undertaking, because section 11 of the Central Excise Act permits recovery as arrears of land revenue and rule 230(2) of the Central Excise Rules allows detention or proceeding against goods, plant, machinery and other movables in the hands of a successor or transferee where duty due up to transfer remains unpaid. A sale by the State Financial Corporation under section 29 of the State Financial Corporations Act did not extinguish liabilities attaching to the transferred business, and a prior mortgage did not defeat the Revenue&#039;s statutory claim. Excise dues were treated as debts due to the State enjoying priority over the mortgage claim, so recovery against the transferee was upheld.</description>
    <language>en-us</language>
    <pubDate>Thu, 28 Feb 2002 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 17 Jul 2010 11:00:46 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=84830" rel="self" type="application/rss+xml"/>
    <item>
      <title>2002 (2) TMI 121 - HIGH COURT OF ORISSA AT CUTTACK</title>
      <link>https://www.taxtmi.com/caselaws?id=46304</link>
      <description>Excise duty outstanding against the original defaulter could be recovered from the transferee of the undertaking, because section 11 of the Central Excise Act permits recovery as arrears of land revenue and rule 230(2) of the Central Excise Rules allows detention or proceeding against goods, plant, machinery and other movables in the hands of a successor or transferee where duty due up to transfer remains unpaid. A sale by the State Financial Corporation under section 29 of the State Financial Corporations Act did not extinguish liabilities attaching to the transferred business, and a prior mortgage did not defeat the Revenue&#039;s statutory claim. Excise dues were treated as debts due to the State enjoying priority over the mortgage claim, so recovery against the transferee was upheld.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Thu, 28 Feb 2002 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=46304</guid>
    </item>
  </channel>
</rss>