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1975 (10) TMI 92

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..... 2, which he received as the sale consideration for the stockin-trade, furniture, fixtures and goodwill of his business which he sold in terms of an agreement dated 30th April, 1968. The Sales Tax Appellate Tribunal, Trivandrum, by its order dated 24th April, 1974 (in Tribunal Appeal No. 470/71), held as follows: "But on going through the terms of the agreement we find that the business at Kottay .....

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..... s which he realised under the said agreement. Rule 9(g) of the Kerala General Sales Tax Rules, 1963, says: "In determining the taxable turnover, the amounts specified in the following clauses shall, subject to the conditions specified therein, be deducted from the total turnover of the dealer:......... (g) all amounts realised by a dealer by the sale of his business as a whole." According .....

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..... h had accrued prior to the sale of the business would not by itself show that the seller had not transferred the business as a whole. So long as there is nothing to suggest that any part of the assets was retained by the seller or any amounts standing to the credit of the business were taken over by the seller, it cannot be suggested that the business as a whole was not transferred. In our opinion .....

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