TMI Blog2017 (9) TMI 1047X X X X Extracts X X X X X X X X Extracts X X X X ..... ismissed being not maintainable. - W.A.(MD).No.961 of 2014 and M.P.(MD)No.1 of 2014 - - - Dated:- 1-9-2017 - K. K. Sasidharan And G. R. Swaminathan, JJ. For the Appellant : Mr.N.Inbarajan For the Respondent : No Appearance JUDGMENT This intra-Court appeal is directed against the order dated 16 July, 2014, in W.P.(MD)No.11407 of 2014, dismissing the Writ Petition filed by the appellant, impugning the assessment order dated 16 May, 2014 on the file of the Commercial Tax officer-II, Dindigul. 2. The appellant is an assessee on the file of the respondent. The appellant appears to have sold its Wind Mill division as a going concern. Since the appellant was of the view that the sale of a going concern would not be liable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I, Dindigul, the respondent in this intra-Court appeal. 7. The appellant is engaged in the manufacture and sale of polyester/viscose yarn. The factory is located at Dindigul. The appellant was also engaged in the generation of electricity by installing the Wind Mills in Tirunelveli District. The appellant sold the Wind Mill as a going concern. The appellant was under the impression that disposal of the Wind Mill as a going concern would qualify the Company for exemption under Section 2(42C) of the Income Tax Act, 1961 and as per Explanation III to Section 2(41) of the Tamil Nadu Value Added Tax Act, 2006. 8. The premises of the appellant was raided by the Enforcement Wing of the Commercial Tax Department. The documents seized from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Tax Act, 2006, in view of Sub-Section (41) of Section 2 of the Tamil Nadu Value Added Tax Act, 2006. 11. The learned Single Judge opined that examining the nature of transaction is necessary in the subject case for deciding the issue raised by the appellant. The effect of the slump sale agreement dated 05 October, 2009, and the question relating to the acceptance of the unregistered slump sale agreement by the Income Tax Department are all matters to be considered on facts. The appellant miserably failed to plead and prove that the issue revolves on the jurisdictional matter alone and the same does not require adjudication by the appellate authority. There are no grounds made out by the appellant to bypass the statutory remedy availab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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