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2021 (3) TMI 182 - HC - VAT and Sales TaxTransfer of the assets of a firm on dissolution or a sale or not - HELD THAT:- In the instant case, the Assessing Officer noted that at the time of check of accounts, there was no mention of any dissolution agreement and taking up the goods worth ₹ 32,45,350/- by one partner and even during the existence of the firm M/s.S.S.Fabs, one of the partner Thiru B.Salam has obtained a Registration Certificate under the TNGST Act and under the CST Act and the Assessing Officer also noted that he has been doing business in the same commodity in the same address and the Registration Certificate is valid from 20.07.2000. Further, the Assessing Officer has also recorded the statement of the assessee, which was during the course of enquiry and it has been candidly admitted that there has been no transfer of stock. The Tribunal, without examining the factual issue, dismissed the Revenue's appeal, which is not sustainable - the Appellate Tribunal committed an error in dismissing the Revenue's appeal without examining the factual position. Tax Case Revision is allowed.
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