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    <title>2005 (3) TMI 163 - HIGH COURT OF GUJARAT AT AHMEDABAD</title>
    <link>https://www.taxtmi.com/caselaws?id=47842</link>
    <description>Recovery of a predecessor&#039;s excise dues under the proviso to Section 11 of the Central Excise Act was held unavailable because the statutory conditions of succession were not met. The petitioner was only a licensee allotted the plot after GIDC had regained possession, and there was no transfer or disposal of the defaulter&#039;s business, trade, or ownership in favour of the petitioner. The Court distinguished Macson Marbles on its facts and statutory context. The impugned demand and recovery notice were therefore unsustainable and were quashed.</description>
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    <pubDate>Thu, 10 Mar 2005 00:00:00 +0530</pubDate>
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      <title>2005 (3) TMI 163 - HIGH COURT OF GUJARAT AT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=47842</link>
      <description>Recovery of a predecessor&#039;s excise dues under the proviso to Section 11 of the Central Excise Act was held unavailable because the statutory conditions of succession were not met. The petitioner was only a licensee allotted the plot after GIDC had regained possession, and there was no transfer or disposal of the defaulter&#039;s business, trade, or ownership in favour of the petitioner. The Court distinguished Macson Marbles on its facts and statutory context. The impugned demand and recovery notice were therefore unsustainable and were quashed.</description>
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      <pubDate>Thu, 10 Mar 2005 00:00:00 +0530</pubDate>
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