https://www.taxtmi.com/caselaws?id=162910 A trader's sale of a business asset is taxable where the transaction falls within the statutory meaning of business and the sale is incidental to that business. A claim that the transfer is only a second sale escapes tax only if the assessee produces the relevant sale bill or cash memo showing that tax was already collected and paid on the prior sale, as required by rule 32(13) of the Kerala General Sales Tax Rules, 1963. If the earlier owner was not a dealer and the asset was a personal car, the chain does not establish a prior taxable sale. In the absence of proof, the sale is treated as the first taxable sale. en-us Mon, 18 Sep 2006 00:00:00 +0530 Tue, 18 Mar 2014 18:43:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=162910 A trader's sale of a business asset is taxable where the transaction falls within the statutory meaning of business and the sale is incidental to that business. A claim that the transfer is only a second sale escapes tax only if the assessee produces the relevant sale bill or cash memo showing that tax was already collected and paid on the prior sale, as required by rule 32(13) of the Kerala General Sales Tax Rules, 1963. If the earlier owner was not a dealer and the asset was a personal car, the chain does not establish a prior taxable sale. In the absence of proof, the sale is treated as the first taxable sale. Case-Laws VAT and Sales Tax Mon, 18 Sep 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=162910