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TMI Blog2011 (4) TMI 1241X X X X Extracts X X X X X X X X Extracts X X X X ..... on of rule 6(d) of the Tamil Nadu General Sales Tax Rules, 1959, the petitioner is not entitled to the relief on the ground of the sale of business as a whole, despite the fact that Explanation 3 appended to section 2(r) of the Tamil Nadu General Sales Tax Act, 1959 expressly provides for relief? (2) On the facts and circumstances of the case, whether the Tribunal is justified in holding that notwithstanding the sale of three lorries resulting in winding up of its business of lorry transport division as a whole, because other divisions of businesses were carried on, relief cannot be granted to the petitioner?" The assessee herein sold three lorries during the assessment year 1997-98 for a total sum of Rs. 5,66,331. In the absence of any e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t sold the business as a whole or even as part of the business. Only in the course of business, the assessee had incidentally disposed of some of its assets to generate funds for its operation and the business of transport still continues. Consequently, the question of granting the benefit of section 2(r) of the Tamil Nadu General Sales Tax Act did not arise. As regards the alternative plea, the Tribunal held that having regard to the fact that the assessee had constructed the body over the chassis on jobwork basis and it had not suffered single point tax as lorry, the question of granting exemption did not arise. Aggrieved by the same, the assessee had filed the present revision. As already pointed out, the issue, as regards the applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat a part of the business had been sold. On the other hand, the details in the balance sheet showed the sales of lorries as sale of any other goods in the course of their business. Even though the assessee contended that the lorry business was a part of the business and hence the sale of lorries meant sale of business in lorry, yet there is hardly any material before this court to accept the contention on this head. Going by the findings of the Tribunal that the lorry business continued even after the sale of the lorries, we do not find any justification to accept the plea of the assessee that the claim of the assessee falls under Explanation to section 2(r) of the Tamil Nadu General Sales Tax Act. On the alternative plea taken by the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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