https://www.taxtmi.com/caselaws?id=197827 A transfer of shop premises and business will be protected only if it falls within the notification allowing assignment of a live business as a going concern, together with stock-in-trade and goodwill. On the recorded facts, the business had stopped, no trading activity had occurred for over a year, and no stock-in-trade was shown to exist at the time of transfer. The assignment was therefore treated as a colourable device to transfer tenancy rights rather than a permitted transfer, and the burden of bringing the case within the exception was not discharged. The request to reopen the factual record was also rejected for want of sufficient basis. en-us Fri, 14 Jan 1983 00:00:00 +0530 Tue, 16 Jan 2018 18:03:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197827 A transfer of shop premises and business will be protected only if it falls within the notification allowing assignment of a live business as a going concern, together with stock-in-trade and goodwill. On the recorded facts, the business had stopped, no trading activity had occurred for over a year, and no stock-in-trade was shown to exist at the time of transfer. The assignment was therefore treated as a colourable device to transfer tenancy rights rather than a permitted transfer, and the burden of bringing the case within the exception was not discharged. The request to reopen the factual record was also rejected for want of sufficient basis. Case-Laws Indian Laws Fri, 14 Jan 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197827