M/S Hindustan Engineering & Industries Ltd., Kolkata vs. A.D.I.T Range - 5, Kolkata.
In the result, appeal of assessee is allowed
ITA 330/KOL/2013[2009-10]Status: DisposedITAT Kolkata15 Mar 2016AY 2009-10
Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]
For Appellant: Shri Siddharth Jhajharia, FCAFor Respondent: Shri G. Mallikarjuna, CIT, DR
Section 143(3)Section 2Section 50BSection 5O
…ess and the transaction is a slump sale. The assessee has simply assigned sale values to the itemized assets to come out the slump sale and to avoid the payment of taxes. 38. The Hon'ble Bombay High Court in the case of CIT v. Narkeshari Prakashan Ltd. [1992] 196 ITR 438 has laid down certain tests to decide whether the transaction is a slump sale and held that the branch of the assessee had goodwill and, therefore, when the branch is transferred as a whole for a given price, it constituted a slump sale. Therefore, one of the tests applied by the Bombay High Court was transfer of a running business. The second te…