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    <title>2023 (11) TMI 1067 - KERALA HIGH COURT</title>
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    <description>A retired partner was held not liable for the firm&#039;s sales tax dues where the retirement deed had been received by the Department before the relevant assessment year and the Department&#039;s own proceedings showed awareness of the retirement. On those facts, the object of Rule 5(8) of the Kerala General Sales Tax Rules was treated as satisfied despite non-submission of the prescribed form. The court also found no reason to relegate the party to the statutory alternative remedy because the factual position was undisputed, making examination of the merits appropriate.</description>
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      <description>A retired partner was held not liable for the firm&#039;s sales tax dues where the retirement deed had been received by the Department before the relevant assessment year and the Department&#039;s own proceedings showed awareness of the retirement. On those facts, the object of Rule 5(8) of the Kerala General Sales Tax Rules was treated as satisfied despite non-submission of the prescribed form. The court also found no reason to relegate the party to the statutory alternative remedy because the factual position was undisputed, making examination of the merits appropriate.</description>
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