EICHER MOTORS LIMITED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The assessee is on Tax Case (Revision) as against the order of the Sales Tax Appellate Tribunal (Main Bench), Chennai-104 dated 27.12.2012 in T.A.No.152/04, raising the following questions of law:-

(2.) Whether the Hon'ble Sales Tax Appellate Tribunal committed an error of law in applying the erroneous, legal test of requiring transfer of all businesses of an assessee as the only circumstance in which there could be exemption under Explanation 3 to Section 2(r) of the Tamil Nadu General Sales Tax Act, 1959

(3.) Whether the Hon'ble Sales Tax Appellate Tribunal committed an error of law in emphasizing on the retention of a small part of the assets in the course of business succession, while failing to apply the correct legal test, which was to determine whether the retention of the small part of the assets was to continue in the same line of business or was being retained so as not to burden the Transferee of the business -