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TMI Blog2016 (3) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... f Central Excise during the period 1992-1993 and order was also passed by the adjudicating authority confirming those dues against M/s. Regency Industries Ltd. As M/s. Regency Industries failed to pay dues to M/s. RICO, therefore the said premises were taken over by RICO and was allotted to one M/s. Amco Vinyl Ltd. on 21.1.1995. M/s. Amco Vinyl Ltd. also part with the possession in favour of RICO as it was not able to pay the dues. Thereafter in open auction, the appellant before me has purchased the said premises. After taking the possession of said premises on persuasion of the Revenue department, the appellant paid a sum of Rs. 27,95,957/-. Later on the appellant filed a refund claim of said amount. The refund claim was rejected on the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed AR was asked to submit a report why the dues could not be recovered during the period 1993 till March, 2006. A report has been furnished by the learned AR which states that an appeal was filed by M/s. Regency Industries Ltd. against the order of adjudication before this Tribunal and this Tribunal has directed them to pay the amount of Rs. 2 lakhs out of Rs. 3 lakhs of penalty imposed on Shri B B Agrawal . But in this report by the Revenue, the departmental officer has not furnished the status of the appeal filed by M/s. Regency Industries Ltd. Moreover, while entertaining the said application of M/s. Regency Industries Ltd. whether this Tribunal has put certain conditions on M/s. Regency Industries Ltd. for entertaining the appeal or not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court has missed the true intent and purport of this clause. The expressions in the Sale Deed as well as in the Agreement for purchase of plant and machinery talks of statutory liabilities "arising out of the land" or statutory liabilities "arising out of the said properties" (i.e. the machinery). Thus, it is only that statutory liability which arises out of the land and building or out of plant and machinery which is to be discharged by the purchaser. Excise dues are not the statutory liabilities which arise out of the land and building or the plant and machinery. Statutory liabilities arising out of the land and building could be in the form of the property tax or other types of cess relating to property etc. Likewise, statutory ..... X X X X Extracts X X X X X X X X Extracts X X X X
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