9911796707
TMI Blog2013 (1) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... s were sold, sale of assets by itself would not be transfer of business in whole or in part, there must be material on record to show that business has been transferred to Petitioner and consequent thereto petitioner has succeeded in business. In absence of petitioner succeeding in business or part of business, issue of petitioner being liable for arrears of Central Excise dues will not arise.” ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red unit at MIDC, Waluj. The said assessee was a defaulter of ₹ 6,15,515/- along with interest and equivalent amount of penalty. As M/s. Anway Industries was a defaulter of various confirmed demands, a financial institution namely Maharashtra State Financial Corporation (MSFC) has taken over the factory premises. Later on a public auction was held for land and building and M/s. Namoh Develop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registration was granted. Later, on withdrawal of the undertaking by the respondent, the registration certificate has been revoked on the premise that M/s. Anway Industries is a defaulter of Central Excise duties therefore, until unless the respondent clears the dues, registration cannot be granted. The said order was challenged by the appellant before the Commissioner (Appeals) who hold that as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that as the appellant is not the successor of the business of the defaulter, therefore they are not liable to pay the dues pending against the defaulter i.e. M/s. Anway Industries. In support of his contention he relies on the judgment of the Hon ble High Court of Bombay in the case of Krishna Lifestyle Technologies Ltd. v. Union of India [2008 (229) E.L.T. 173 (Bom.) = 2009 (16) S.T.R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove cited judgment and the facts on record that the appellant is not a successor of business of M/s. Anway Industries, therefore, the appellant is not liable to pay the arrears of Central Excise dues pending against M/s. Anway Industries. Therefore, I do not find any infirmity in the impugned order the same is upheld and the appeal filed by the Revenue is dismissed. (Dictated in Court) - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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