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Central Excise - Highlights / Catch Notes

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Sale of mortgaged property for recovery of excise dues - Excise ...


Buyers of Mortgaged Property Not Liable for Excise Dues from Manufacturing Activities; Only Property Liabilities Apply.

April 26, 2021

Case Laws     Central Excise     HC

Sale of mortgaged property for recovery of excise dues - Excise dues are not dues which arise out of land or building. Such liabilities could be in the form of property tax, municipal tax, other types of cess relating to property etc. but cannot mean excise duty dues, which arise out of manufacture - the language in the confirmation of the Sale is with reference to the liabilities relating to the said property and not with reference to the business of the Respondent No.3- borrower; we therefore hold that since Petitioner has not purchased the entire unit with business, it is not liable for the dues of the Excise Department. - HC

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