RAJESH BALIA, J. - (1.) THE petitioner was served with a notice Annx.4 dated 10.1.1995 calling upon him to deposit the tax outstanding against M/s. Diamond Marbles Pvt. Ltd. amounting to Rs. 2,40,837 in respect of Assessment Years 1981 -82 to 1984 -85 on account of dues under the Rajasthan Sales Tax Act as well as the Central Sales Tax Act.
(2.) THE petitioner challenges the said notice, inter -atta, on the ground that the assessing authority has no authority to issue such notice to the petitioner who has purchased the assets of M/s. Diamond Marbles Pvt. Ltd. which included plant and machinery and other assets constituting its industrial unit at an auction held by the Rajasthan State Financial Corporation in exercise of its powers Under Section 29 of the State Financial Corporation Act, 1951, because M/s. Diamond Marbles (P) Ltd. has defaulted in paying its dues to it. He relied on principle Laid by the Apex Court in Isha Marbles v. Bihar Electricity Board : [1995]1SCR847 . In their return, the Assessing Officer has relied on the provision's of Section 9 of the Rajasthan Sales Tax Act, 1954 and decision of the Karnataka High Court in Alpha Silicones v. ACTO (1990) 77 STC 68 alleging that the petitioner being the transferee of the industrial unit owned by M/s. Diamond Marbles Pvt. Ltd. is liable for the recovery of sales tax dues outstanding against the transferor company M/s. Diamond Marbles Private Ltd. and the assessments of the later company can be followed in the hands of transferee.
(3.) THE petitioner has also challenged a consequential notice issued Under Section 11 -A attaching the bank account of the petitioner assessee vide Annx. 5 dated 6.4.1995 which the assessee had with Bank of Baroda, Kankroli Branch.;