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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

Deputy Commissioner of Income Tax, Central Circle - 1(3), Chennai vs. M. Mahadevan, Chennai

ITA 1826/CHNY/2024[2019-20]Status: DisposedITAT Chennai30 May 2025AY 2019-20

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1824/Chny/2024, Assessment Years: 2013-14 आयकर अपील सं./Ita No.1825/Chny/2024, Assessment Years: 2014-15 आयकर अपील सं./Ita No.1826/Chny/2024, Assessment Years: 2019-20 Deputy Commissioner Of Income Tax, Central Circle-1(3), Chennai. M.Mahadevan, No.24, Park Avenue Street, Shenoy Nagar, Chennai-600 030. [Pan: Aajpm5888R] (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By (प्रत्यर्थी/Respondent) : Shri G.Gireesh, C.A प्रत्यर्थी की ओर से /Revenue By : Ms.C.Vatchala, Cit सुनवाई की तारीख/Date Of Hearing : 08.04.2025 घोषणा की तारीख /Date Of Pronouncement : 30.05.2025 आदेश / Order Per Amitabh Shukla, A.M : The Below Mentioned Appeals Have Been Filed By The Appellant Revenue For Ay-2013-14, Ay-2014-15 & 2019-20 Contesting The Order Of Ld. First Appellate Authority Indicated Column-E, Herein Below:- S. No. A Appeal Nos. B Ays C Appellant D Cit(A) Order Details E Respondent F 1

For Respondent: Ms.C.Vatchala, CIT

brief facts the assessee was having 99.99% holding of his company called cool cream milano pvt. Ltd. ( CCMPL). The said CCMPL acquired through a slump sale agreement, a fine dining division owned by another of assessee's company oriental cuisine pvt ltd (OCPL), in which he was having 31.81% shareholding ... transfer his shares in OCPL to Peepul. Page - 13 - of 49 ITA Nos.1824, 1825 & 1826/Chny/2024 8.6.2 The MOU was given effect by way of slump sale transfer of FDL division of business through BTA dt:01.08.2018 with the transfer of FDL Divison (including lodge at 71, Cathedral Road, Chennai

Grasim Industries Ltd., Mumbai vs. DCIT Cent. Cir. 1(4), Mumbai

In the result, appeal of the Revenue is partly allowed for statistical purpose

ITA 2224/MUM/2016[2009-10]Status: DisposedITAT Mumbai23 May 2025AY 2009-10

Bench: Shri Saktijit Dey, Vp & Shri N.K. Billaiya, Am M/S Grasim Industries Ltd. Dcit, (Corporate Finance Division) Central Circle 1(4), A-2, Aditya Birla Centre, Vs. Room No. 902, S.K. Ahire Marg, Worli, Old Cgo Building, Mumbai - 400030 Mumbai-400020 (Appellant) : (Respondent) Pan No. Aaacg 4464B Dcit, M/S Grasim Industries Ltd. Central Circle 1(4), (Corporate Finance Division) Room No. 902, A-2, Aditya Birla Centre, Old Cgo Building, Vs. S.K. Ahire Marg, Worli, Mumbai-400020 Mumbai - 400030 Appellant By : Shri J.D. Mistri, Sr. Advocate, Shri Madhur Agarwal & Respondent By : Shri Dr. Kishor Dhule, Cit(Dr) (Appellant) (Respondent)

For Appellant: Shri J.D. Mistri, Sr. AdvocateFor Respondent: Shri Dr. Kishor Dhule, CIT(DR)
Section 37(1)Section 40Section 80I

however, that the amount of such reduction does not exceed the written down value as so increased; and (C) in the case of a slump sale, decrease by the actual cost of the asset falling within that block as reduced— A.Y. 2009-10 Grasim Industries Ltd. (a) by the amount ... business and profession, the AO added back A.Y. 2009-10 Grasim Industries Ltd. expenses of Rs.1,29,63,943/- incurred in relation to slump sale Vikram Ispat Unit, apparently, on the reason that it is related to sale of capital assets. Assessee contested the disallowance before learned First Appellate Authority

Delicatessen Engineering Services Private Limited, Hyderabad vs. DCIT., Circle- 8(1), Hyderabad

In the result, appeal filed by the assessee is partly allowed

ITA 835/HYD/2024[2020-21]Status: DisposedITAT Hyderabad15 May 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice- & Shri Manjunatha, G.आ.अपी.सं /Ita No.835/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Delicatessen Vs. Dy. Cit. Engineering Services Circle- 8(1), Private Hyderabad Limited,Hyderabad Pan:Aagcd8678N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri H. Srinivasulu, Advocate राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 26/02/2025 घोषणा की तारीख/Pronouncement: 16/05/2025 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Passed By The Assessing Officer U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The I.T. Act, 1961 Dated,18/07/2024, In Pursuant To The Directions Issued By The Drp-1 Bengaluru, Dated 26/02/2024 U/S 144C(5) Of The I.T. Act, 1961 & Relating To A.Y.2020-21. Page 1 Of 32

For Appellant: Shri H. Srinivasulu, AdvocateFor Respondent: : Shri B Bala Krishna, CIT(DR)
Section 143(3)Section 144C(5)Section 92C

Hyderabad. Since the agreement period lasted for the financial year under consideration and the appellant has taken over global engineering services division in a slump sale w.e.f. 1/6/2019, the appellant has allocated the consultancy charges payable to Cyient Ltd pre business transfer agreement period and post business transfer agreement period ... payment made to Cyient Ltd relates to the services rendered by M+W Hightech and the agreement was part of slump sale. It is always operating expenses of relevant previous year alone has to be considered under Rule 10TA(g) of the I.T. Act, 1961. The assessee did not debit