https://www.taxtmi.com/caselaws?id=148662 A transaction described as a sale of business will not be treated as a transfer of business under section 26(1) of the Bombay Sales Tax Act, 1953 where the surrounding circumstances show that no running business existed to be transferred. The Bombay High Court noted that the original business had already ceased, the alleged transferee did not continue the kirana business, and the document and contemporaneous conduct supported the inference that the real object was to obtain vacant possession of the premises for a new business. Those facts were held sufficient to sustain the Tribunal's finding that the transfer recitals were false. en-us Fri, 09 Feb 1968 00:00:00 +0530 Wed, 01 May 2013 16:42:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=148662 A transaction described as a sale of business will not be treated as a transfer of business under section 26(1) of the Bombay Sales Tax Act, 1953 where the surrounding circumstances show that no running business existed to be transferred. The Bombay High Court noted that the original business had already ceased, the alleged transferee did not continue the kirana business, and the document and contemporaneous conduct supported the inference that the real object was to obtain vacant possession of the premises for a new business. Those facts were held sufficient to sustain the Tribunal's finding that the transfer recitals were false. Case-Laws VAT and Sales Tax Fri, 09 Feb 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=148662