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“slump sale”

Capital GainsSection 50BSection 50B409 judgments

The decision most relied on for slump sale is CIT v. Smifs Securities Ltd. (348 ITR 302), cited in 540 judgments on BharatTax.

Leading authorities on slump sale

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

Areva T&D India Ltd. v. DCIT
345 ITR 421 · 2012 · High Court
97
citing judgments

Business contracts and commercial rights of similar nature qualify as intangible assets under Section 32(1)(ii) and are eligible for depreciation. The decision also affirms that goodwill is an intangible asset eligible for depreciation.

Pentasoft Technologies Ltd. v. DCIT
41 Taxmann.com 120 · 2014 · High Court
58
citing judgments

A non-compete fee paid as part of a business acquisition or transaction constitutes an intangible asset, eligible for depreciation under Section 32(1)(ii) of the Income-tax Act.

Ashwin Vanaspati Industries v. CIT
255 ITR 26 · 2002 · High Court
57
citing judgments

Depreciation is allowable on goodwill acquired through the slump sale of a business. When an assessee claims depreciation on the enhanced cost of an asset supported by a registered valuer's report, tax authorities must produce countervailing evidence, such as a departmental valuation report, to challenge it, rather than simply disregarding the expert opinion.

Thiru Arooran Sugar Ltd. v. DCIT
350 ITR 324 · 2013 · High Court
44
citing judgments

A deduction for interest expense on borrowed funds used for interest-free advances to group companies is permissible only if the assessee establishes these advances were from surplus funds. The decision further clarifies eligibility for depreciation on intangible assets like non-compete fees, software, goodwill, and commercial rights under section 32(1)(ii), often arising from a slump sale.

Triune Energy Services (P.) Ltd. v. DCIT
65 Taxmann.com 288 · 2016 · High Court
42
citing judgments

When a business is purchased as a going concern, the consideration paid in excess of the value of its tangible assets is classified as goodwill, which is an intangible asset eligible for depreciation without needing a separate valuation.

CIT v. Artex Manufacturing Co.
227 ITR 260 · 1997 · Supreme Court
36
citing judgments

In a slump sale, the slump purchase price cannot be apportioned among individual assets for claiming depreciation, as there is no indication of the price attributable to specific assets out of the total sale consideration.

Areva T & D India Ltd. v. DCIT
20 Taxmann.com 29 · 2012 · High Court
34
citing judgments

Specified intangible assets like business claims, information, records, contracts, employees, and know-how acquired under a slump sale are considered 'business or commercial rights' eligible for depreciation under section 32(1)(ii).

Judgments citing slump sale

ACIT, Circle- 2(2), New Delhi vs. Ansal Properties and Infrastructure Pvt. Ltd., New Delhi

In the result, both the appeals of the assessee as well as the revenue are partly allowed for statistical purposes

ITA 3170/DEL/2019[2015-16]Status: DisposedITAT Delhi31 Jan 2024AY 2015-16

Bench: Shri M. Balaganesh & Shri Yogesh Kumar Usansal Properties & Vs. Acit, Infrastructure Pvt. Ltd, Circle-2(2), 115, Ansal Bhawan, New Delhi 16, Kg Marg, New Delhi (Appellant) (Respondent) Pan: Aaaca0006D Acit, Vs. Ansal Properties & Circle-2(2), Infrastructure Pvt. Ltd, New Delhi 115, Ansal Bhawan, 16, Kg Marg, New Delhi (Appellant) (Respondent) Pan: Aaaca0006D Assessee By : Shri R S. Singhvi, Adv Shri Satyajeet Goel, Adv Revenue By: Shri Zafarul Haque Tanweer, Cit Dr Date Of Hearing 18/01/2024 Date Of Pronouncement 31/01/2024

For Appellant: Shri R S. Singhvi, AdvFor Respondent: Shri Zafarul Haque Tanweer
Section 22Section 36(1)(va)Section 43C

from 1.7.2014 onwards. Subsequently the said agreement was revised on 29.12.2014 . We find that ultimately both the agreements stood culminated into final slump sale agreement dated 23.3.2015. We have perused the following agreements placed on record for the purpose of adjudication of this dispute:- a) Agreement to sell dated ... Paper Book b) Agreement to sell dated 29.12.2014 enclosed in Pages 171 to 180 of the Paper Book c) Slump Sale Agreement dated 23.3.2015 enclosed in Pages 181 to 195 of the Paper Book 10.2. The ld. AO in para 7.7 of his order had held that since the sale

Ansal Properties and Infrastructure Pvt. Ltd., New Delhi vs. ACIT, Circle- 2(2), New Delhi

In the result, both the appeals of the assessee as well as the revenue are partly allowed for statistical purposes

ITA 2549/DEL/2019[2015-16]Status: DisposedITAT Delhi31 Jan 2024AY 2015-16

Bench: Shri M. Balaganesh & Shri Yogesh Kumar Usansal Properties & Vs. Acit, Infrastructure Pvt. Ltd, Circle-2(2), 115, Ansal Bhawan, New Delhi 16, Kg Marg, New Delhi (Appellant) (Respondent) Pan: Aaaca0006D Acit, Vs. Ansal Properties & Circle-2(2), Infrastructure Pvt. Ltd, New Delhi 115, Ansal Bhawan, 16, Kg Marg, New Delhi (Appellant) (Respondent) Pan: Aaaca0006D Assessee By : Shri R S. Singhvi, Adv Shri Satyajeet Goel, Adv Revenue By: Shri Zafarul Haque Tanweer, Cit Dr Date Of Hearing 18/01/2024 Date Of Pronouncement 31/01/2024

For Appellant: Shri R S. Singhvi, AdvFor Respondent: Shri Zafarul Haque Tanweer
Section 22Section 36(1)(va)Section 43C

from 1.7.2014 onwards. Subsequently the said agreement was revised on 29.12.2014 . We find that ultimately both the agreements stood culminated into final slump sale agreement dated 23.3.2015. We have perused the following agreements placed on record for the purpose of adjudication of this dispute:- a) Agreement to sell dated ... Paper Book b) Agreement to sell dated 29.12.2014 enclosed in Pages 171 to 180 of the Paper Book c) Slump Sale Agreement dated 23.3.2015 enclosed in Pages 181 to 195 of the Paper Book 10.2. The ld. AO in para 7.7 of his order had held that since the sale

Vodafone India Services Pvt. Ltd, Mumbai vs. DCIT Circle-4(1)(2), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 2241/AHD/2018[2009-10]Status: DisposedITAT Mumbai18 Dec 2023AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2241/Ahd/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) Vodafone India Services बिधम/ Dcit, Central Circle- Pvt. Ltd. 4(1)(2) Vs. Indiabulls Finance Centre, B Wing, 2Nd Floor, Room 1201, 12Th Floor, Tower-1, No.209, Pratyaksh Kar Senapati Bapat Road, Bhavan, Near Elphinstone (West), Polytechnic, Ambawadi, Mumbai-400013. Ahmedabad-380015. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacz1849D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Fereshte Sethna (Adv) Revenue By: Letter Dated 11.10.2023 सुनवाई की तारीख / Date Of Hearing: 10/10/2023 घोषणा की तारीख /Date Of Pronouncement: 18/12/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Has Been Preferred By The Assessee Company Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-13, Ahmedabad Dated 31.08.2018, Arising Out Of The Final Assessment Order Passed U/S 143(3)/144C(13) Dated 05.12.2014 For The Assessment Year 2009-10. 2. In The Several Grounds Raised In The Appeal, The Sole Grievance Of The Appellant Is Against The Action Of The Ao/Ld. Cit(A) In Not Allowing The Depreciation Claimed On Goodwill.

For Appellant: Ms. Fereshte Sethna (Adv)For Respondent: Letter dated 11.10.2023
Section 143(1)Section 143(3)Section 144C(15)(b)Section 92C

declined to entertain the additional claim raised by it vide letter dated 14.03.2013 in the course of assessment regarding depreciation on goodwill acquired under slump sale of Call Centre Business (hereinafter as “CCB”) of Vodafone Essar Gujarat Ltd. (hereinafter as “VEGL”). 4. Aggrieved by the AO’s action ... Rules”). (a) Valuation report dated 13.03.2008 issued by independent valuer M/s. Dalal & Shah Chartered Accountants (CA). (b) Form No. 3CEA in respect of slump sale filed by the transferor/seller VEGL. (c) Copy of return of income of VEGL along with extracts of computation of total income demonstrating that VEGL