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    <title>1964 (11) TMI 94 - GUJARAT HIGH COURT</title>
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    <description>Section 26(2) of the Bombay Sales Tax Act applied only where a dealer transferred part of its business, the remaining business stayed with the transferor, and the transferee failed to obtain registration within the prescribed time; those conditions were cumulative. On the stated facts, the partnership was dissolved and two parts of the business were taken over simultaneously by different sets of partners, so no part of the business remained with the transferor when the stock moved. Section 26(2) therefore did not cover the transfer. Section 26(3)(i) also could not sustain tax on the transferred stock, because the provision, so far as it taxed allotment of partnership goods on dissolution, was beyond State competence. The transferred stock was thus excluded from taxable turnover.</description>
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    <pubDate>Thu, 19 Nov 1964 00:00:00 +0530</pubDate>
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      <title>1964 (11) TMI 94 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=143064</link>
      <description>Section 26(2) of the Bombay Sales Tax Act applied only where a dealer transferred part of its business, the remaining business stayed with the transferor, and the transferee failed to obtain registration within the prescribed time; those conditions were cumulative. On the stated facts, the partnership was dissolved and two parts of the business were taken over simultaneously by different sets of partners, so no part of the business remained with the transferor when the stock moved. Section 26(2) therefore did not cover the transfer. Section 26(3)(i) also could not sustain tax on the transferred stock, because the provision, so far as it taxed allotment of partnership goods on dissolution, was beyond State competence. The transferred stock was thus excluded from taxable turnover.</description>
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      <pubDate>Thu, 19 Nov 1964 00:00:00 +0530</pubDate>
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