TMI Blog2005 (7) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 two auction purchasers for n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not paid the said rental from 1996-1997 respectively and, therefore, such liability cannot be fastened on the auction purchaser who purchases the assets of the company in liquidation proceedings/auction conducted by the O.L. under the supervision of the Company Court. (See Isha Marble Vs. Bihar 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 appeari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cluding anti/dumping, countervailing and safeguard duties under the Customs Tariff Act, 1975 (51 of 1975), where applicable, as leviable on such goods when imported; and (c) the rate of duty and tariff valuation, if any, applicable to goods admitted to, or removed from, a special economic zone, shall be the 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aspects concerning the properties, including the nature of the company in liquidation's right in the property or description of the property. Having given the bid, participated in the open inter se party bidding, it is too late in the day for the applicant to raise the aforenoted issues. Besides, though the area 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 cus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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