2007 (7) TMI 565 - AT - Central Excise

Summary

Issues:
- Stay application against recovery proceedings under Section 35F of the Central Excise Act.
- Liability of the appellant for dues owed by the former owner.
- Interpretation of proviso to Section 11 of the Central Excise Act.
- Applicability of specific covenant in the sale deed.
- Requirement of Bank Guarantee and undertaking for stay of recovery proceedings.

Analysis:

1. Stay Application under Section 35F:
The appellant, engaged in fabric manufacturing, sought a stay against recovery proceedings of dues related to a property purchased from a company with outstanding amounts. The recovery proceedings were initiated against the former owner, and the property was auctioned, with the appellant acquiring it subject to certain terms and conditions, including liability for government dues.

2. Liability for Dues Owed:
The appellant contested being considered the successor of the former owner and argued that they did not possess any funds belonging to the former owner. Citing legal precedents, the appellant emphasized that they did not inherit the business or financial obligations of the former owner. However, the Tribunal noted that the appellant had acquired the property with a specific covenant to undertake the liabilities owed to the government by the former owner, justifying the show cause notices issued against them.

3. Interpretation of Proviso to Section 11:
The appellant raised the issue of the proviso to Section 11, contending that it was not applicable to their case as the property purchase predated the insertion of the proviso. The Tribunal acknowledged this but highlighted that the show cause notices were based not only on the proviso but also on the terms and conditions of the sale deed, which included the covenant to discharge government dues.

4. Applicability of Specific Covenant:
Debating the overriding effect of the proviso to Section 11 on the covenant in the sale deed, the Tribunal emphasized the need to safeguard the interests of both parties. To ensure compliance and protect the appellant's rights, the Tribunal imposed conditions, requiring the appellant to provide a Bank Guarantee and an undertaking not to encumber the property pending appeal disposal. Compliance with these terms led to the grant of stay against recovery proceedings.

5. Requirement of Bank Guarantee and Undertaking:
In light of the debatable legal points and to balance the interests of both parties, the Tribunal mandated the appellant to furnish a Bank Guarantee and an undertaking to prevent recovery proceedings and property attachment. Compliance with these conditions was deemed necessary for the stay granted, emphasizing the importance of protecting the appellant's rights while addressing the government's recovery concerns.

This detailed analysis of the judgment highlights the key legal issues addressed by the Appellate Tribunal CESTAT, Ahmedabad, regarding the stay application, liability for dues, interpretation of legal provisions, and the imposition of conditions for granting the stay against recovery proceedings.