9911796707
TMI Blog2014 (2) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s. Shri Purohit Steel Rolling Mills Pvt. Ltd., Bhiwadi was operating from the same land at which the respondent's factory is located. As per certain orders passed by the Revenue, a demand of Rs.21.80 lakhs (inclusive of interest and penalty) was outstanding against M/s. Shri Purohit Steel Rolling Mills Pvt. Ltd. The plant and machinery of the said assessee was taken over by M/s. Rajasthan Financial Corporation and remained in their possession from 30.11.2000 to 19.09.2002. Thereafter, the same was purchased by one M/s. Prabhu Steels (P) Ltd., who operated from there during the period 28.04.2005 to 06.03.2006. The same was again taken over by M/s. Rajasthan Financial Corporation and subsequently came into the possession of the present res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but the Memorandum-Cum Notice of Demand to Defaulter was issued on 11.12.2006 for recovery of Rs.1250314/- + interest Rs.928950/- adjacent the appellant. In this regard I find it difficult to conceive that the appellant had any opportunity to participate in the adjudication proceedings and contend against the levy of outstanding dues. Therefore, under these circumstances it would be appropriate that the Revenue should first approach either to Shri Purohit Steel Rolling Pvt. or to M/s. Prabhu Steels Ltd., or to RFC who has received a sum of Rs.34.11 Lacs from the appellant against the sale deed. Therefore, I find that the Memorandum-Cum Notice of Demand to appellant is pre-mature action, as the appellant has already paid Rs.34.11 Lacs to RF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents have purchased only land and building and not the machinery, etc. installed in the said premises in as much as they are not manufacturing the same very goods which were being manufactured by M/s. Purohit Steel Rolling Pvt. Ltd. As such, it can be held that the respondent is not a successor in business but only a purchaser of land which initially belonged to M/s. Purohit Steel Rolling Pvt. Ltd. and was subsequently taken over by Rajasthan Financial Corporation, again come to M/s. Prabhu Steels Ltd. and again taken over by Rajasthan Financial Corporation and then finally sold to the present assessee. In the absence of any allegation or evidence that the present assessee is in any way related to M/s. Purohit Steel Rolling Pvt. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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