2025 (1) TMI 584

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....tioner : Mr. N. Prasad For the Respondent : Ms. Amirtha Poonkodi Dinakaran Government Advocate ORDER The petitioner is before this Court against the impugned Assessment Order passed by the respondent for the Assessment Year 2019-2020 dated 26.11.2021. By the impugned order, the respondent has confirmed the taxable turnover of the petitioner and has computed the tax as follows:- Taxable turnove....

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....le of business Agreement dated 14.06.2019 for a total sale consideration of Rs.9,50,00,000/-. The Department had issued a notice dated 09.09.2021, wherein, based on the data from the 6th Annual Report of the petitioner for the Financial Year 2019-2020 it was proposed to tax the entire amount together with further addition as detailed below: "Further, verification of the 6th Annual Report for the....

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....etitioner for the Financial Year 2019-2020. It is submitted that there is no legal basis for sustaining the demand and there is a complete arbitrariness in the impugned order. 4. The learned Government Advocate for the respondent on the other hand would submit that the impugned order does not suffer from any irregularity. It is submitted that the petitioner has an alternate remedy under Section 1....

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....s a going concern to another person as per entry 4(c)(i) of Schedule II to the TNGST Act, 2017. In view of the fact that the dealer has filed agreement which proves that the dealers have sold the unit as a while as a going concern and as such the sales consideration for an amount of Rs.9,50,00,000/- is not exigible to tax." 7. Thus, the impugned demand is unsustainable and is clearly arbitrary an....