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TMI Blog2005 (7) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... ng at that unit as well as B-2, Nizamuddin (East), Basement, New Delhi. Assets of same description lying at 58D, NEPZ, Phase II, Noida, were also put to auction on the same day and the highest bider in respect thereof was M/s. Balaji Steels whose bid was accepted. Both these units fall in NEPZ area. When these auction purchasers wanted to remove the aforementioned assets, the Development Commissioner of Customs, NEPZ, Noida, Dadri, demanded certain payments from the auction purchasers and did not allow them to remove the said machinery. According to the auction purchasers, they are not liable for any such payment, which is the liability of the company in liquidation and in these circumstances, these applications are filed by the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State Electricity Board and Another, (1995) 2 SCC 648). Of course, for these lease rentals appropriate claim can be lodged with the O.L. as creditor which shall be dealt with in accordance with the provisions of the Companies Act. In so far as central excise duty is concerned, although it is not stated in the affidavit as to on what account this duty became payable. However, during the course of arguments Mr. Gaurav Duggal, learned counsel appearing for the Development Commissioner, informed that this duty was imposed on the company (in liquidation) as the company when it was doing business had clandestinely removed certain goods for job work which were excisable, without paying excise duty and it is for that reason penalty is also impose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he rate and tariff valuation in force as on the date of such admission or removal, as the case may be, and where such date is not ascertained, on the date of payment of the duty." The duty which is sought to be recovered is on the ground that the auction purchaser is removing the machinery and goods in question from NEPZ, i.e. special economic zone and, therefore, it shall be chargeable to the duties of customs. Since imposition of this duty is directed relatable to the removal of machinery by the auction purchaser, the Development Commissioner is entitled to recover this duty. Further such a duty is to be paid by the auction purchaser and this aspect has been conclusively determined by this Court in the case of Karam Chand Appliances Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rea of leasehold and freehold lands mentioned in the advertisement are on approximate basis, yet as per the averments in the affidavit in opposition, there is no discrepancy in the total area of the land. In the light of the facts stated in the affidavits in opposition, I reject the stand of the applicant that there was mis-statement of facts in the advertisement for sale of assets of the company in liquidation." Therefore, the customs duty has to be paid by the auction purchases. However, the question as to whether the quantum of duty imposed by the Development Commissioner is correct or not, is not decided in these proceedings. If the auction purchasers have any grievance against the calculation of the said duties, it would be open for t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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