COMMISSIONER Vs. SACHIN DYEING AND PRINTING (P.) LTD.

JUDGEMENT

(1.) FOLLOWING substantial question of law are proposed for our consideration by the Revenue challenging the order of Customs, Excise & Service Tax Appellate Tribunal ("C.E.S.T.A.T." hereinafter) dated 1.7.2013:

(2.) BRIEF facts for the purpose of adjudication are as follows:

(3.) WE notice that the issue is no longer res Integra The Apex Court in case of Rana Girders Ltd. v. Union of India : [2013] 42 GST 55 : 38 taxmann.com 313, was considering the question where the assessee defaulted on loan to State Financial Corporation and auction sale of the unit took place. The properties were sold free from all encumbrances but the same had a stipulation that "all these statutory liabilities arising out of the land shall be borne by purchaser in the sale deed and "all these statutory liabilities arising out of the said properties shall be borne by the vendee and the vendor shall not be held responsible in the agreement of sale." The Court discussing various earlier pronouncements on the subject held that where buyer had purchased entire business, he would be liable for central excise duty. Otherwise, buyer could not be fastened with liability relating to dues of Government in absence of any specific statutory provision stipulating 'first charge for the purchaser'. The Apex Court held as under: