2006 (7) TMI 487

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....t. Ltd. had mortgaged premises together with Plant and machinery. The Cosmos Co­operative Bank Ltd. sold off machineries worth Rs. 10,00,000/- to someone else and thereafter the appellants were offered to purchase the lease hold right of the plot for Rs. 90,00,000/-. Sale certificate was issued by the Cosmos Co-Operative Bank Ltd. to the appellants on 26-4-2006. The appellants vide letter dated 16-3-2006 wrote to the Manager of the said bank that the bank will ensure that all other legal dues and liabilities connected with M/s. Arjunwadkar Engineering Associates Pvt. Ltd. are settled from the account of that company and will ensure that MIDC transfer takes place without any difficulty. 2. M/s. Arjunwadkar Engineering Associates ....

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....ent and the department has staked claim with the concerned bank for recovery which is still pending, hence the registration cannot be issued to the appellants for the same premises. The appellants thereafter vide their letter dated 31-3-2006 wrote to the Deputy Commissioner Central Excise, Pune that they cannot refuse registration to the appellants on the ground that M/s. Arjunwadkar Engineering Associates Pvt. Ltd. are liable for payments of the Government dues in arrears and requested to provide attested copy of the orders whereby the dues in question have arisen so as to enable them to pursue the suitable remedies provided under the law. The Deputy Commissioner Central Excise, Pune III Division vide his letter dated 31-5-2006 addressed t....

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....option for recovery of dues from the appellants. 5. Due to refusal of Central Excise authorities to grant registration to the appellants on the ground that Government dues are pending recovery against M/s. Arjunwadkar Engineering Associates Pvt. Ltd., they are contesting the order-in-appeal issued against M/s. Arjunwadkar Engineering Associates Pvt. Ltd. 6. Shri Doiphode, learned advocate for the appellants submits that they have purchased the plot only and are not liable for any legal liability incurred by M/s. Arjunwadkar Engineering Associates Pvt. Ltd. as they are not success or in business or trade and there is no transfer of business or trade from M/s. Arjunwadkar Engineering Associates Pvt. Ltd. to them. However since....