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    <title>2012 (2) TMI 459 - KARNATAKA HIGH COURT</title>
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    <description>A one-time sale of discarded equipment by an assessee running a canteen was held not to form part of taxable business turnover under the Karnataka Value Added Tax Act, 2003. Tax liability depends on a sale being made in the course of the dealer&#039;s business, which requires real, substantial and systematic activity in the relevant commodity, usually with continuity, frequency and profit motive. Because the assessee&#039;s business was confined to food, snacks and beverages, and the equipment was only once sold as discarded goods with no evidence of trading in such items, the transaction was treated as a casual disposal of fixed assets and not taxable turnover.</description>
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    <pubDate>Fri, 24 Feb 2012 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=168007</link>
      <description>A one-time sale of discarded equipment by an assessee running a canteen was held not to form part of taxable business turnover under the Karnataka Value Added Tax Act, 2003. Tax liability depends on a sale being made in the course of the dealer&#039;s business, which requires real, substantial and systematic activity in the relevant commodity, usually with continuity, frequency and profit motive. Because the assessee&#039;s business was confined to food, snacks and beverages, and the equipment was only once sold as discarded goods with no evidence of trading in such items, the transaction was treated as a casual disposal of fixed assets and not taxable turnover.</description>
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