9911796707
TMI Blog2025 (1) TMI 584X X X X Extracts X X X X X X X X Extracts X X X X ..... ay tax on the entire sale consideration for the sale of a business - sale of a Wind Electric Generator Park qualifies as a transfer of a business as a going concern or not - HELD THAT:- The impugned demand is clearly contrary to the discussion and proposal in the 2nd mentioned Notice dated 21.10.2021, wherein, there is a categorical admission that a sum of Rs.9,50,00,000/- was not exigible. The im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.2021. By the impugned order, the respondent has confirmed the taxable turnover of the petitioner and has computed the tax as follows:- Taxable turnover determined Rs.10,34,32,205-00 @18% SGST @ 9% CGST @ 9% Tax due Rs.93,08,898-00 Rs.93,08,898-00 Tax paid Rs.Nil Rs.Nil Balance (-) Rs.93,08,898-00 Rs.93,08,898-00 A demand notice in Form DRC 07 is issued Penalty:- Penalty at 100% of the tax due U/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther addition as detailed below: Further, verification of the 6th Annual Report for the year 2019-20, you have sold the Wind Mill machinery at Rs.10,34,32,205-00 (Cost of machinery Rs.5,64,43,519+profit on sale of machinery Rs.4,69,88,686- 00) which is liable to pay tax @ 18% under TNGST Act, 2019. 3. It is submitted that after the petitioner was replied to the said Notice dated 09.09.2021, a fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egularity. It is submitted that the petitioner has an alternate remedy under Section 107 of the GST Act before the Appellate Authority and therefore prays for dismissal of the writ petition. 5. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Government Advocate for the respondent. 6. The impugned demand is clearly contrary to the discussion and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax. 7. Thus, the impugned demand is unsustainable and is clearly arbitrary and contrary to the aforesaid Notice dated 21.10.2021. Therefore, Court is inclined to set aside the impugned order and remits the case back to the respondent to pass a fresh order on merits and in accordance with law. This exercise shall be carried out by the respondent within a period of 8 weeks from the date of receipt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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