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TMI Blog2018 (10) TMI 1455X X X X Extracts X X X X X X X X Extracts X X X X ..... to a slump sale or a sale of plant and machinery - Without rendering such a finding and without passing a speaking order, the respondent could not have brushed aside the Memorandum of Understanding dated 10.03.2006. Apart from this, when the sworn statement was recorded, the petitioner has elaborately stated about the nature of transaction. This aspect has also been ignored by the second respondent. Time Limitation - Held that:- The respondents in the counter affidavit would state that the Registration Certificate of the petitioner was cancelled on 31.03.2005. The effect of such cancellation on the petitioner's business has to be considered. While considering the said issue, the point pertaining to limitation for reopening the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake away the right of the petitioner to challenge the assessment order. Therefore, the petitioner's challenge to the Assessment Order in its entirety is entertained. 3. The learned counsel for the petitioner challenged the impugned order on two grounds. The first ground raised by the petitioner is that the impugned Assessment Order is barred by limitation. The second ground is that the first respondent failed to appreciate the specific stand raised by the petitioner that the business was sold as a whole and there was no sale of plant and machinery. When the case came before this Court on an earlier occasion, directed the learned counsel for the petitioner to file the Memorandum of Understanding dated 10.03.2016 and the sworn state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner was cancelled on 31.03.2005. The effect of such cancellation on the petitioner's business has to be considered. While considering the said issue, the point pertaining to limitation for reopening the assessment is also required to be considered. Though the petitioner has not pleaded that the re-opening of the assessment was illegal while submitting objections, in the writ petition, the petitioner has raised a specific ground that as per Section 16 of the Tamil Nadu General Sales Tax Act, the re-opening proceedings has to be initiated within five years from the date of assessment order and the notice dated 07.09.2015 proposing to revise the assessment for the year 2005-06 is beyond the period of limitation prescribed under the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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