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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
GAURANG KANTH
Cotton Casuals India Private Limited – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. overview of auction and sale process under ibc (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. request for mutation and property tax liabilities (Para 10 , 11 , 12) |
| 3. arguments on non-disclosure of tax liabilities (Para 13 , 14 , 15 , 16 , 17) |
| 4. respondent's obligation and statutory frameworks (Para 19 , 20 , 21 , 22 , 23) |
| 5. court’s consideration of statutory charges and liabilities (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. conclusion on statutory encumbrance and auction purchaser liabilities (Para 52 , 53 , 54 , 55) |
JUDGMENT :
GAURANG KANTH, J.
1. The Petitioner has preferred the present writ petition seeking an order, inter alia, for quashing and/or setting aside the demands raised by the Respondent No. 3 towards outstanding property tax together with interest and penalty, as communicated vide four separate letters, all dated 18.11.2014; and for issuance of an appropriate direction upon the
2. The facts leading to the present writ petition are as follows:
3. On 18.02.2018, the Bank of India filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, Kolkata Bench (hereinafter referred to as “NCLT, Kolkata”) against M/s
Auction purchasers are liable for outstanding property tax under statutory first charge, with obligations for pre-acquisition dues as part of 'as is where is' sale terms.
The main legal point established in the judgment is that the Surat Municipal Corporation cannot claim any first charge or precedence over the subject property for recovering property tax arrears, as ....
Auction purchasers are not liable for property taxes from previous owners if not adequately notified of such obligations, as confirmed by settled legal principles.
Mortgage - Auction sale of immovable property - Challenged - Auction sale of said Property conclusion of same in favour of Respondents. 3 and 3A and issuance of Sale Certificate are void and legally ....
The specific and stringent conditions of an auction sale notice, the waiver of statutory rights by the purchaser, and the inapplicability of precedent in determining the legal position under the SARF....
Point of Law : Excise duty - Proviso to section 11 refers to transfer or disposal of business or trade in whole or in part. It does not refer to the transfer or disposal of mere assets – Proviso not ....
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