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Shreyas Papers Pvt. Ltd. vs State Of Karnataka And Ors. on 22 September, 1999 cites

Bajranglal Bajaj vs The State Of Madhya Pradesh And Ors. on 5 January, 1965

9. We have to consider only the liability of the purchaser in auction. There is no provision under the Sales Tax Act, which creates liability on such purchasers. It is only by virtue of Section 15 that liability is sought to be fastened treating him as the transferee for treating the person as a transferee of the ownership of the business, there must be transfer of the entire assets and liabilities including the goodwill. Merely, transfer of land, building, plant and machinery by the State Financial Corporation, in exercise of the powers under Section 29 of the KSFC Act, 1951 will not make the purchaser a transferee. It has not come on record that the goodwill and other assets and liabilities of the business were transferred to the purchaser. Similar controversy had come up before the Madhya Pradesh High Court in the case of Bajranglal Bajaj v. State of Madhya Pradesh [1965] 16 STC 350 where it was held that "there being no transfer of goodwill it could not be said that the purchaser is a transferee of the business".
Madhya Pradesh High Court Cites 2 - Cited by 8 - Full Document

Dena Bank vs Bhikhabhai Prabhudas Parekh And Co. on 29 July, 1992

8. Learned Government Advocate has pointed out that under Section 13(2)(i) if there is a default in making the payment of tax or any other amount due under the Act, then the whole of the amount outstanding on the date of default shall become immediately due and shall be charge on the properties of the person or persons liable to pay the tax or any other amount due under the Act. This charge which has been created only when the defaulting dealer is assessed and fails to make the payment, in such a case he will not be entitled to sell the property to any other persons free from encumbrance and the property shall remain subject to charge so credited by this section. Section 29(2) of the State Financial Corporation provides "any transfer of property made by the Financial Corporation, in exercise of its powers under Sub-section (1) shall vest in the transferee all rights in or to the property transferred (as if the transfer) had been made by the owner of the property". By this provision, so far as the transferee is concerned, his rights are protected and it is considered as if the transfer is made the owner of the property. In other words State Financial Corporation has the power to confer the right over the property transferred to the transferee while exercising the power under Section 29 of the Act. The property if already charged under Section 13(2)(i) and sold by the State Financial Corporation, then to the extent of the charge so created by this section, the State authorities are entitled to recover the amount from the State Financial Corporation out of the proceeds of the sale and will have priority for recovery of dues as a charge on property as has been held in Dena Bank v. Bhikhabhai Prabhudass Parekh & Co. This case was affirmed by Supreme Court in .
Karnataka High Court Cites 26 - Cited by 1 - Full Document
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