2024 (6) TMI 113

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.... FOR THE RESPONDENT : SANTHI CHANDRA ORDER Heard Sri B.Satish Sundhar, Senior Counsel, representing Sri Anup Koushik Karavadi, counsel for petitioner; and Mrs. Santhi Chandra, Junior Standing Counsel for CBIC, appearing for the respondents. 2. A preliminary objection has been raised by the Junior Standing Counsel that the impugned order is appealable under statute and in view of statut....

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....5 of the CGST Act was not applicable. 4. We have considered the submissions advanced by learned counsels for the parties. 5. Section 85 of the CGST Act as under: "85. Liability in case of transfer of business.- (1) Where a taxable person, liable to pay tax under this Act, transfers his business in whole or in part, by sale, gift, lease, leave and license, hire or in any other manner....

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....eld that the transfer of "ownership of business" required that the business be sold as a going concern. It was observed that the mere transfer of one or more species of assets did not necessarily bring about the transfer of the "ownership of business" which was much wider than mere ownership of discrete or individual assets. It was held that Section 15(1) of the KST Act would apply when there is c....

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....02, the High Court of Madras in the context of Section 11 of the Central Excise Act, 1944, observed as follows in Para 9. "9. A close reading of the above provision would make it abundantly clear that only in a case where the transfer or otherwise disposal of the business or trade in whole or in part effects any change in the ownership thereof, in consequence of which the transferee succe....