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Natural Fillers Pvt. Ltd. Versus Union of India

2017 (11) TMI 722 - RAJASTHAN HIGH COURT

Recovery of Central Excise Dues - auction of secured assets - Held that: - the two Companies are distinct entities and it is not a case where the name of M/s. Unipex Electrochem Private Limited was changed to M/s. Unipex Bio-Chem Private Limited - th .....

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r, 2004 - A bare reading of the proviso shows that it is applicable to a transfer inter vivos and not where a secured creditor enforces the right under a statute. - Petition allowed - decided in favor of petitioner. - D.B. Civil Writ Petition No. .....

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of M/s. Unipex Bio-chem Private Limited was mortgaged/hypothecated with the Rajasthan Financial Corporation. The Corporation was thus a secured creditor. 2. The credit being in default the Corporation proceeded to exercise its statutory right un .....

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hem Private Limited. 3. Challenge is to a demand raised by the Excise Department on 27th August, 2007 concerning recovery of Central Excise dues from M/s. Unipex Electrochem Private Limited. 4. From the reply filed it is apparent that the o .....

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are distinct entities and it is not a case where the name of M/s. Unipex Electrochem Private Limited was changed to M/s. Unipex Bio-Chem Private Limited. 5. On this short ground alone the demand has to be set aside for the reason Excise dues of .....

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rs Ltd. v. Union of India & Ors. also requires it to be held that since a secured creditor proceeding under the State Financial Corporation Act sold the secured assets, the purchaser would not be liable to pay any dues of the Central Excise. 7.&e .....

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iso, and in the instant case we are dealing with the situation post the proviso, we note the proviso added. It reads as under :- Provided that where the person (hereinafter referred to as predecessor) from whom the duty or any other sums of any kind, .....

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