2012 (1) TMI 120

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....310/2000, dated 29-9-2000 as under : (a)     Confirmed demand of Rs. 1,12,467/- under Section 11A of the Central Excise Act, 1944; (b)     Penalty of Rs. 500/- per day and interest on outstanding amount upto the date of payment of outstanding amount under Rule 173GG(3) of erstwhile Central Excise Rules, 1944; and (c)     Penalty of Rs. 10,000/- against M/s. Jain Biscuits Industries Ltd. under Rule 173Q of the erstwhile Central Excise Rules, 1944. 2. The appellants deposited an amount of Rs. 1,29,967/- (Rs. 1,12,467/- duty+ penalty of Rs. 10,000/-, Rs. 5,000/-, Rs. 2500/-) on 20-12-2007 outstanding against M/s. Jain Biscuits Industries Ltd. However, they did not dep....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ten approval from the Commissioner of Central Excise, for the purposes of recovering such duty or other sums recoverable or due from such predecessor at the time of such transfer or otherwise disposal or change. I therefore, find a force in the argument of the appellant that their liability if any, should be restricted to the dues outstanding against the predecessor on the date of acquisition of the property by the appellant from the RIICO Ltd. I accordingly, hold that the appellant is liable to pay outstanding liability of the predecessor as on 19-4-2001 and not liable to pay such liabilities which have been accrued subsequent to the purchase of the impugned property i.e. after 19-4-2001 as per the provisions of Rule 230 of the erstwhil....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... (257) E.L.T. 463 (Tri.-Del.) (3)     State of Karnataka & Another v. Shreyas Papers Pvt. Ltd. & Others - AIR 2006 SC 865 5. The Revenue on the other hand, relies on the decision of Macson Marbles Pvt. Ltd. v. UOI reported in 2003 (158) E.L.T. 424 (S.C.). 6. We have considered arguments on both sides. 7. The fixed assets of M/s. Jain Biscuits Industries Ltd. were purchased by the appellant on 19-4-2001. By this time, the old Central Excise Rules, 1944 had been rescinded and new Central Excise Rules, 2001 had been notified vide Notification No. 9/2001-C.E. (N.T.), dated 1-3-2001. We notice that the decision of Hon'ble Supreme Court in the case of Macson Marbles Pvt. Ltd. (supra) relied upon by R....