2006 (9) TMI 521

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..... 9. The petitioner, admittedly, is a trader holding registration under the Kerala General Sales Tax Act, 1963. The car purchased was retained as a business asset which is a fact not disputed by petitioner. The assessing officer treated the sale of the car as a transaction incidental to business and hence levied tax. The first appellate authority allowed the appeal, holding that the petitioner's .....

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..... sale is effected by a dealer who is liable to pay tax under the Act. If the previous owner was not engaged in any business as dealer and the car was his personal asset, then, his sale to the petitioner would not attract any tax liability. If the petitioner has a case that seller was also a dealer, then the petitioner should have produced sale bill or cash memo showing collection and payment of ta .....

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