https://www.taxtmi.com/caselaws?id=154276 For deduction under rule 9(g) of the Kerala General Sales Tax Rules, the decisive question is whether the particular business sold was transferred as a whole, as a running concern, and not whether the assessee ceased all other business activity. Continued ownership of other independent businesses does not by itself defeat the deduction. The Kerala HC held that the earlier contrary Division Bench view was inconsistent with the rule, and that the prospective amendment introducing Explanation 3D to section 2 did not alter the position for the relevant period. On the facts, each of the three businesses was sold separately as a going concern with assets and liabilities, so the assessee was entitled to the deduction and the Revenue's revision failed. en-us Wed, 12 Jun 1985 00:00:00 +0530 Fri, 16 Aug 2013 16:15:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=154276 For deduction under rule 9(g) of the Kerala General Sales Tax Rules, the decisive question is whether the particular business sold was transferred as a whole, as a running concern, and not whether the assessee ceased all other business activity. Continued ownership of other independent businesses does not by itself defeat the deduction. The Kerala HC held that the earlier contrary Division Bench view was inconsistent with the rule, and that the prospective amendment introducing Explanation 3D to section 2 did not alter the position for the relevant period. On the facts, each of the three businesses was sold separately as a going concern with assets and liabilities, so the assessee was entitled to the deduction and the Revenue's revision failed. Case-Laws VAT and Sales Tax Wed, 12 Jun 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=154276