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    <title>1991 (3) TMI 336 - GUJARAT HIGH COURT</title>
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    <description>Sales of plant, machinery and stock-in-trade under a sanctioned compromise scheme were treated as taxable under the Gujarat Sales Tax Act because the company had not ceased business in law and continued to hold an effective registration while filing returns. The court also found no lack of free consent: the company itself sought sanction, fixed the price, identified purchasers and completed the transactions by mutual agreement, with bank consent and creditor safeguards serving only as protective conditions. The sales were therefore held to be made in the course of business and not transactions lacking volition.</description>
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      <link>https://www.taxtmi.com/caselaws?id=156185</link>
      <description>Sales of plant, machinery and stock-in-trade under a sanctioned compromise scheme were treated as taxable under the Gujarat Sales Tax Act because the company had not ceased business in law and continued to hold an effective registration while filing returns. The court also found no lack of free consent: the company itself sought sanction, fixed the price, identified purchasers and completed the transactions by mutual agreement, with bank consent and creditor safeguards serving only as protective conditions. The sales were therefore held to be made in the course of business and not transactions lacking volition.</description>
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      <pubDate>Wed, 06 Mar 1991 00:00:00 +0530</pubDate>
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