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    <title>2018 (10) TMI 1455 - MADRAS HIGH COURT</title>
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    <description>The HC held that an assessment could not stand where the authority failed to consider the memorandum of understanding, the sworn statement and the nature of the transaction, and did not give a speaking finding on whether it was a slump sale or a sale of plant and machinery. The collection of cheques by the Enforcement Wing was treated as without jurisdiction and could not support the assessment. The Court also required fresh examination of the limitation objection under section 16 of the Tamil Nadu General Sales Tax Act, 1959, and of the effect of cancellation of registration, which could not be relied on without due notice. The assessment was set aside and remitted for fresh adjudication.</description>
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    <pubDate>Wed, 25 Jul 2018 00:00:00 +0530</pubDate>
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      <title>2018 (10) TMI 1455 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=369489</link>
      <description>The HC held that an assessment could not stand where the authority failed to consider the memorandum of understanding, the sworn statement and the nature of the transaction, and did not give a speaking finding on whether it was a slump sale or a sale of plant and machinery. The collection of cheques by the Enforcement Wing was treated as without jurisdiction and could not support the assessment. The Court also required fresh examination of the limitation objection under section 16 of the Tamil Nadu General Sales Tax Act, 1959, and of the effect of cancellation of registration, which could not be relied on without due notice. The assessment was set aside and remitted for fresh adjudication.</description>
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      <pubDate>Wed, 25 Jul 2018 00:00:00 +0530</pubDate>
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