TMI Blog2023 (10) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... d. This Court already set aside the impugned order of assessment passed against the petitioner's sister concern, quantifying the liability of Rs. 81,53,038/- in respect of the assessment years 2012-13, 2013-14 and 2014-15. Now doubt, after the business succession agreement, the petitioner's sister concern continued with the TIN No. till 2015, however, it has not carried any business after the business succession agreement for three assessment years. In this regard, the petitioner's sister concern also filed Nil returns, based on which, assessment was set aside. In view of the order passed by this Court in setting aside the assessment made against the petitioner's sister concern, and the amount realized out of the attachme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase in brief is as follows:- i) The petitioner is a registered dealer on the file of the second respondent under the provisions of Tamil Nadu Value Added Tax Act, 2006 (hereinafter, referred to as 'the TNVAT Act); Central Goods and Services Tax Act, 2017 (CGST Act), and also under Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act). ii) The petitioner was engaged in doing civil contract work, and that too, mainly for Indian Railways. On 01.04.2012, the petitioner concern, viz., Tvl. Eagle Earth Movers Pvt. Ltd. entered into a business succession agreement with the petitioner's sister concern, Tvl.Eagle Earth Movers, whereby, entire business, including its assets and liability standing in the name of petitioner's sister ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y arrears of the petitioner's concern Tvl.Eagle Earth Movers Pvt. Ltd., but for the alleged arrears of the petitioner's sister concern, Tvl.Eagle Earth Movers. However, without considering the said request, the first respondent appropriated dues of the petitioner s sister concern from the bank account of the petitioner's concern. Further, the learned counsel submitted that it is the case of the respondent-Department that though the petitioner's sister concern continued with its TIN under the same name and style, ''Tvl. Eagle Earth Movers, even after such agreement for the three assessment years, viz., 2012-13, 2013-14 and 2014-15, and for three years, they have filed nil returns, and hence, petitioner cannot be mul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Earth Movers Pvt. Ltd., however, despite of such transfer, the petitioner concern has not surrendered the TIN No immediately and to suit their purpose surrendered the TIN No. only in the year 2015, and therefore, the respondent- Department issued show cause notice to the petitioner Concern instead of petitioner's sister concern. 4.1 The learned Government Advocate for the respondent- Department pointed out that, by virtue of the agreement, petitioner succeeded the business of proprietary concern in the name of Tvt.Eagle Earth Movers and thereby, possessed majority of shares and only for namesake, his two sons and others Directors were added and hence, any dues for the past and present, that existed in the name of Tvl.Eagle Earth M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. 5. Heard Mr.P.Rajkumar, learned counsel appearing for the petitioner and Mr.V.Prashanth Kiran, learned Government Advocate (T) for respondents 1, 2 and 4 and perused the materials available on record. So far as third respondent, Axis Bank is concerned, since they are only formal party, notice to them is dispensed with. 6. It is an admitted fact the petitioner entered into an business succession agreement dated 01.04.2012 with the petitioner's sister concern and by means of the said agreement the petitioner's sister concern transferred entire business, including all assets and liability in the name of the petitioner. Therefore, it has to be presumed that in the event, any business is carried on by the petitioner concern, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner seeks for is only for refund of the amount appropriated by the respondent-Department from the bank account of the petitioner, in respect of the alleged arrears of the petitioner's sister concern. 6.4 Accordingly, this Writ Petition is disposed of by directing the first respondent to refund the sum of Rs. 81,53,038/- to the petitioner s bank account within a period of six weeks from the date of receipt of a copy of this order. 6.5 In the event, by way of re-adjudication of the assessment, if the Adjudicating Officer/Assessing Officer found any transaction in the name of the petitioner's sister concern for the assessment years 2012-13, 2013-14 and 2014-15 they can club the same as related to the business of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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