TaxTMI 
TaxTMI 
2016 (8) TMI 291
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....s upheld Order-in-Original No. 58/Additional Commissioner/CE/Kol-III/07-08 dated 20/3/2008. 2. Shri Shyamal Dey (Advocate) appearing on behalf of the appellant argued that the period involved in this of the case is from 10/08/2002 to 3/2/2003. That when shortages were detected Mrs. Shashi Malik was the sole proprietor of M/s. Laxmi Electronics upto 1/4/2004. From 1/4/2004 to 9/7/2006 M/s. Laxmi Electronics worked as a partnership where Mrs. Shashi Malik & Mr. Abhishek Malik were the partners. That w.e.f. 9/7/2006, M/s. Laxmi Electrovision Pvt. Ltd. was registered as a company under the companies Act, 1956 and has taken over the partnership concern M/s. Laxmi Electronics. That the offence was committed when the unit was existing as a prop....
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.... cannot be bestowed on them. I, on the other hand find that the proprietorship firm converted itself into a partnership firm of the same name by inducting son of the proprietor as another partner. In the partnership clause it has been stated that the party on the Second part (Mr. Abhishek Malik) has agreed to become the partner with the party of the First part (Mr. Abhishek Malik), who in turn have agreed to continue to carry on the above business in partnership. The above business as mentioned in the deed is in its first line which is "WHEREAS the party of the First part has been carrying on business of manufacturing and sale of Television sets and its components in the name & style of M/s. Laxmi Electronics, as its proprietor wit....
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....onics (Partnership concern) and M/s. Laxmi Electrovision Private Limited (the present appellant), also the entire business of M/s. Laxmi Electrovision was taken over by the appellant including liabilities. Clause (3) of this contract is as follows: "The Assignors have agreed to transfer the said business hithertofore carried on by the Assignors as a going concern to the Assignee with all its assets, goodwill, properties , receivables, incentives, licences, registration etc., liabilities, obligations and duties morefully described in SCHEDULE- A at a price of Rs. 1,58,881.14 hereto to be satisfied partly in cash/cheque and partly by allotment of fully paid up shares in the Assignee Company to the partners of LAXMI ELECTRONICS". 4....
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....er empowered by the Central Board of Excise and Customs, after obtaining written 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." 4.4 The case law of Freezair India (P) Ltd. Vs. CCE, Delhi-I (supra) relied upon by the appellant is not applicable to the present proceedings in view of the dissimilar facts. In the case before High Court appellant Freezair applied for a separate Central Excise Registration and was separately registered as an independent unit, unlike the continuation of all registrations to the successor in the present case. There are specific clauses in the agreements....