1951 (2) TMI 14

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....istered on the 28th May, 1948, and obtained certificate of commencement of its business on the 31st May, 1948, and got itself registered as a dealer under the Bengal Finance Sales Tax Act, 1941, on the 21st July, 1948. The petitioner has acquired and taken over as a going concern the business of Major Soap Company which was a proprietary concern including the stock-in-trade, machinery, furniture and goodwill etc. but neither the assets nor the liabilities and states that it is not a "transferee" within the meaning of Section 17 of the Bengal Sales Tax Act nor is it a "dealer" within the meaning of the definition in the Act, and it has been registered as a dealer and transferee under a misapprehension as to its correct status. The company as....

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....he petitioner company has acquired by virtue of the transfer the right to carry on the business, the stock-in-trade, machinery, furniture and goodwill etc. In fact everything that is comprised in the connotation of a business has been assigned to the petitioner and the words "etcetra" bring in, any other thing in relation to the business that may not have been specifically mentioned, excluding of course anything that is expressly excluded from the operation or scope of the transfer. The expression "neither the assets nor the liabilities of the proprietor" has the effect of keeping out assets such as book debts due to the transferor or cash at the Bank and also all liabilities. But the whole of the undertaking or enterprise has been transfer....

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....r the ascertainment or assessment was made or not. This is the plain implication of Section 17. The petitioner has got itself registered under the Act as a trans- feree and dealer and that registration stands and has not been cancelled. The petitioner has not applied or taken steps for cancellation. So long as it remains on the register it cannot escape liability to pay the tax. It was contended that by reason of the repeal of Section 18 of the Act by the Ordinance of 1950 there is no authority or officer to determine the question whether the petitioner is a dealer or not and so the petitioner is entitled to move this Court. But under Section 15 of the Act the Commissioner can now delegate any of his powers to any person appointed to ass....