2006 (9) TMI 521

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.... the sales turnover of a Benz brand car sold during the year 1998-99. The petitioner, admittedly, is a trader holding registration under the Kerala General Sales Tax Act, 1963. The car purchased was retained as a business asset which is a fact not disputed by petitioner. The assessing officer treated the sale of the car as a transaction incidental to business and hence levied tax. The first appell....

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.... sales tax under the Act. The transaction is taxable when first sale is effected by a dealer who is liable to pay tax under the Act. If the previous owner was not engaged in any business as dealer and the car was his personal asset, then, his sale to the petitioner would not attract any tax liability. If the petitioner has a case that seller was also a dealer, then the petitioner should have produ....