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    <title>Auction buyer not liable for company&#039;s past excise or customs dues in liquidation sale; tax claims extinguished</title>
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    <description>CESTAT allowed the appeal filed by the auction-purchaser, holding that recovery of pre-liquidation dues such as excise and customs duties from the purchaser of the company&#039;s assets is impermissible. It held that, in a liquidation sale conducted under the Companies Act, 1956, only sales tax is payable by the purchaser and all other pre-liquidation statutory dues stand settled in accordance with that Act, with no surviving claim against the auction-purchaser. In the absence of any overriding non-obstante clause in the relevant fiscal statutes, the department cannot bypass the official liquidator. The demand notices issued to the appellant-auction-purchaser were, therefore, held to be without jurisdiction and set aside.</description>
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    <pubDate>Fri, 12 Dec 2025 08:55:17 +0530</pubDate>
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      <title>Auction buyer not liable for company&#039;s past excise or customs dues in liquidation sale; tax claims extinguished</title>
      <link>https://www.taxtmi.com/highlights?id=94971</link>
      <description>CESTAT allowed the appeal filed by the auction-purchaser, holding that recovery of pre-liquidation dues such as excise and customs duties from the purchaser of the company&#039;s assets is impermissible. It held that, in a liquidation sale conducted under the Companies Act, 1956, only sales tax is payable by the purchaser and all other pre-liquidation statutory dues stand settled in accordance with that Act, with no surviving claim against the auction-purchaser. In the absence of any overriding non-obstante clause in the relevant fiscal statutes, the department cannot bypass the official liquidator. The demand notices issued to the appellant-auction-purchaser were, therefore, held to be without jurisdiction and set aside.</description>
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      <pubDate>Fri, 12 Dec 2025 08:55:17 +0530</pubDate>
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