9911796707
TMI Blog2024 (6) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... DRA ORDER Heard Sri B.Satish Sundhar, Senior Counsel, representing Sri Anup Koushik Karavadi, counsel for petitioner; and Mrs. Santhi Chandra, Junior Standing Counsel for CBIC, appearing for the respondents. 2. A preliminary objection has been raised by the Junior Standing Counsel that the impugned order is appealable under statute and in view of statutory alternative remedy of appeal the writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have considered the submissions advanced by learned counsels for the parties. 5. Section 85 of the CGST Act as under: "85. Liability in case of transfer of business.- (1) Where a taxable person, liable to pay tax under this Act, transfers his business in whole or in part, by sale, gift, lease, leave and license, hire or in any other manner whatsoever, the taxable person and the person to whom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the business be sold as a going concern. It was observed that the mere transfer of one or more species of assets did not necessarily bring about the transfer of the "ownership of business" which was much wider than mere ownership of discrete or individual assets. It was held that Section 15(1) of the KST Act would apply when there is complete transfer of ownership of business so as to render t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Excise Act, 1944, observed as follows in Para 9. "9. A close reading of the above provision would make it abundantly clear that only in a case where the transfer or otherwise disposal of the business or trade in whole or in part effects any change in the ownership thereof, in consequence of which the transferee succeeds in such business or trade, such person, who succeeds in the business, is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for petitioner that the authority passing the impugned order inherently lacked jurisdiction. We, in the exercise of the writ jurisdiction, at this stage do not consider it appropriate to enter into the disputed question of fact. 12. Therefore, leaving it open to the petitioner to avail the statutory alternative remedy, if so advised, this Writ Petition is dismissed only on the ground of statu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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