9911796707
TMI Blog2020 (6) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. 3. The petitioner provides medical services in the field of Gastroenterology and it also has a Pharmacy for sale of drugs and medicines. 4. According to the petitioner, its establishment was taken over as a 'going concern' along with all the assets and liabilities w.e.f. 01.04.2017 by another company by name M/s. Madhuadit Healthcare Pvt. Ltd. (for short, 'MHPL') pursuant to a Memorandum of Transfer of Business executed between the parties on 27.04.2017, and the said transaction was in the nature of a slump sale of a going concern for a lumpsum consideration of Rs. 52,08,165/-. The petitioner contends that this transaction cannot be subjected to levy of VAT. According to petitioner, it ceased to conduct any services or business w.e.f. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at it had issued an endorsement dt.28.02.2020 to file objections. The petitioner denies that it had received such endorsement. 10. The petitioner contends that the impugned order is passed in violation of principles of natural justice since the petitioner was denied a fair opportunity of being heard even on merits. The petitioner contends that the 1st respondent illegally levied VAT of Rs. 78,48,119/- for 2017- 18 on a baseless presumption that petitioner had effected sale of its assets to 'MHPL' at Book Value and that there is no sale as a 'going concern'. 11. The counsel for petitioner reiterated the above contentions and stated that petitioner is approaching this Court since the petitioner was denied a fair opportunity of being heard i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the same and proceed to pass the Assessment Order dt.28.03.2020 confirming levy of VAT of Rs. 82,39,156/- for the said period from April, 2014-15 to June, 2017. 17. There is no material filed by the respondents to show that the endorsement allegedly made on 28.02.2020 by him (which is referred to in the impugned order) was, in fact, served on the petitioner at all. 18. In any event, the time granted to the petitioner was too short and there has been a clear violation of principles of natural justice and denial of fair opportunity to the petitioner of being heard. 19. Accordingly, the Writ Petition is allowed; the impugned Assessment Order No.40122 dt.28.03.2020 passed by the 1st respondent is set aside and the matter is remitted to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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