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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

Plr Textiles Ltd., Chennai vs. The ACIT, Corporate Circle-5(2), Chennai

In the result the appeal of the assessee is partly allowed

ITA 133/CHNY/2021[2005-06]Status: DisposedITAT Chennai27 Mar 2025AY 2005-06

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकरअपीलसं./Ita No.: 133/Chny/2021 िनधा"रणवष" / Assessment Year: 2005-06 Plr Textiles Ltd., The Acit, 8K, Century Plaza, V. Corporate Circle -5(2), 560-562, Mount Road, Chennai – 641 034. Chennai – 600 018. [Pan: Aaacp-6536-D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ"कीओरसे/Appellant By : Mr. R. Vijayaraghavan, Advocate ""थ"कीओरसे/Respondent By : Ms. Anitha, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 06.02.2025 घोषणा की तारीख/Date Of Pronouncement : 27.03.2025 आदेश /O R D E R Per S. R. Raghunatha: This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax (Appeals)-3, Chennai, Vide Ita No.153/Cit(A)-3/2018-19For The Assessment Year 2005-06, Dated 13.03.2020. 2. At The Outset, We Find That There Is A Delay Of 346 Days In Appeal Filed By The Assessee, For Which Petition For Condonation Of Delay Along With Reasons For Delay Has Been Filed. After Considering The Petition Filed By The Assessee, Reason For Delay In Filing The Appeal Was Due To Covid-19 Pandemic & Also Hearing Both The :-2-:

For Appellant: Mr. R. Vijayaraghavan, AdvocateFor Respondent: Ms. Anitha, Addl. CIT
Section 143(1)Section 143(3)Section 41(1)

name at page 28 of the Book No.1.  KICL transferred the entire textile undertaking (including impugned land) a going concern as a slump sale (sec 50B) for a consideration of Rs.9.70 cores. The sale consideration was settled by taking over the liabilities of the undertaking at Rs.8.69 crores and balance ... Madras High court w.e.f. 01.07.1997. These assets were acquired by PLR Industries :-15-: ITA. No:133/Chny/2021 ltd.(formerly KOIL) on account of slump sale of business of Textile unit by KICL vide ‘transfer deed’ dated 03.02.1997. According to the transfer deed, the cost of acquisition of the immovable property

Deputy Commissioner of Income Tax, Central Circle 3(3)), Bandra Kurla Complex, Mumbai vs. Welspun Living Limited (Formerly Known As Welspun India Ltd), Mumbai

In the result, the appeal is dismissed

ITA 4564/MUM/2024[2018-19]Status: HeardITAT Mumbai07 Mar 2025AY 2018-19

Bench: Shri Saktijit Dey, Vp & Shri Narendra Kumar Billaiya, Am Dy. Cit, Central Circle-3(3) Welspun Living Limited (Formerly Room No. 406, Kautilya Bhawan, Known As Welspun India Ltd.) B Wing, 9Th Floor, Trade World, Bandra Kurla Complex, Bandra (E), Vs. Mumbai-400 051 Lower Parel, Delisle Road, S.O. Mumbai-400 013 Pan/Gir No. Aaacw 1259 N (Appellant) : (Respondent) Appellant By : Shri Harsh M. Kapadia & Shri Ajay Nagpal Respondent By : Dr. Kishor Dhule Date Of Hearing : 25.02.2025 Date Of Pronouncement : 07.03.2025 O R D E R Per Saktijit Dey, Vp: This Is An Appeal By The Revenue Against Order Dated 12.07.2024 Of Learned Commissioner Of Income Tax (Appeals)-51, Mumbai (‘Ld.Cit(A) For Short), Pertaining To Assessment Year (A.Y.) 2018-19. 2. In Ground Nos. 1 & 2, The Revenue Has Challenged Deletion Of Disallowance Made U/S. 14A Of The Income Tax Act, 1961 Read With Rule 8D, While Computing Income Under The Normal Provisions Of The Act, As Also, While Computing Book Profit U/S. 115Jb Of The Act.

For Appellant: Shri Harsh M. Kapadia &For Respondent: Dr. Kishor Dhule
Section 115JSection 14ASection 69A

concerned, the A.O. observed that the undertaking in respect of which the assessee had claimed deduction was acquired by the assessee by way of slump sale. Therefore, he held that the assessee is not eligible to claim deduction in respect to such undertaking. Accordingly, he disallowed assessee’s claim. Subsequently ... decision of disallowing the deduction u/s. 80IA of the Act on the ground that the undertaking /unit was acquired by the assessee through a slump sale. 11. Being aggrieved with such disallowance, the assessee challenged it before the first appellate authority. 12. While considering assessee’s submission in context

Star Drugs & Research Labs Pvt. Ltd., Hosur vs. DCIT, Circle-1(1), Salem

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 3177/CHNY/2024[2013-14]Status: DisposedITAT Chennai20 Feb 2025AY 2013-14

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 3176 & 3177/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 M/S. Star Drugs & Research Labs Deputy Commissioner Of Private Limited, Vs. Income Tax, 2Nd Floor, 16C/16D/16E/16F, Circle-1(1) Star Shoping Complex, Salem. Old Krishnagiri Road, Hosur-635 109. Pan: Aaecs-3826-P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms.Richa Bakiwala & Mr.P.Hemasundara Rao, Advocates ""यथ" क" ओर से/Respondent By : Mr.A.Sasikumar,Cit सुनवाई क" तारीख/Date Of Hearing : 19.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 20.02.2025 आदेश /O R D E R Per George George K: These Appeals At The Instance Of The Assessee Are Directed Against Two Separate Orders Of Cit(A) - Nfac Both Dated 09.01.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2013- 14. Ita No.3176 & 3177//Chny/2024 2. There Is A Delay Of 256 Days In Filing These Appeals. The Assessee Has Filed A Petition For Condonation Of Delay Along With Affidavit Of The Director Stating Therein The Reasons For Belated Filing Of These Appeals. The Reason Stated For Belated Filing Of These Appeals Is That Assessee Had Engaged New Tax Consultant & There Was No Proper Communication Between The Present & Old Consultants & Due To Lack Of Co-Ordination & Oversight, Necessary Compliance Could Not Be Made Within The Prescribed Time Limit. It Was Further Submitted In The Affidavit That Deponent’S Brother, Who Was Also A Director In The Assessee Company Was Suffering From Severe Illness During The Course Of Appellate Proceedings & He Unfortunately Expired In September, 2024 After Prolonged Illness.

For Appellant: Ms.Richa Bakiwala &For Respondent: Mr.A.Sasikumar,CIT
Section 250Section 271(1)(c)

assessee’s undertaking was sold as a going concern and issue in question on merits is with regard to computation of capital gains on slump sales. It was stated that the assessee’s business had been completely stopped and there was no staff available, which led to non-compliance ... limine, for non-prosecuting the case. The assessee’s reasoning for non-appearance before the AO and CIT(A) is that after the slump sale, assessee company was not carry on any business and there was no staff on the rolls of the company, which led to non-compliance

Star Drugs & Research Labs Pvt. Ltd., Hosur vs. DCIT, Circle-1(1), Salem

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 3176/CHNY/2024[2013-14]Status: DisposedITAT Chennai20 Feb 2025AY 2013-14

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 3176 & 3177/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 M/S. Star Drugs & Research Labs Deputy Commissioner Of Private Limited, Vs. Income Tax, 2Nd Floor, 16C/16D/16E/16F, Circle-1(1) Star Shoping Complex, Salem. Old Krishnagiri Road, Hosur-635 109. Pan: Aaecs-3826-P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms.Richa Bakiwala & Mr.P.Hemasundara Rao, Advocates ""यथ" क" ओर से/Respondent By : Mr.A.Sasikumar,Cit सुनवाई क" तारीख/Date Of Hearing : 19.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 20.02.2025 आदेश /O R D E R Per George George K: These Appeals At The Instance Of The Assessee Are Directed Against Two Separate Orders Of Cit(A) - Nfac Both Dated 09.01.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2013- 14. Ita No.3176 & 3177//Chny/2024 2. There Is A Delay Of 256 Days In Filing These Appeals. The Assessee Has Filed A Petition For Condonation Of Delay Along With Affidavit Of The Director Stating Therein The Reasons For Belated Filing Of These Appeals. The Reason Stated For Belated Filing Of These Appeals Is That Assessee Had Engaged New Tax Consultant & There Was No Proper Communication Between The Present & Old Consultants & Due To Lack Of Co-Ordination & Oversight, Necessary Compliance Could Not Be Made Within The Prescribed Time Limit. It Was Further Submitted In The Affidavit That Deponent’S Brother, Who Was Also A Director In The Assessee Company Was Suffering From Severe Illness During The Course Of Appellate Proceedings & He Unfortunately Expired In September, 2024 After Prolonged Illness.

For Appellant: Ms.Richa Bakiwala &For Respondent: Mr.A.Sasikumar,CIT
Section 250Section 271(1)(c)

assessee’s undertaking was sold as a going concern and issue in question on merits is with regard to computation of capital gains on slump sales. It was stated that the assessee’s business had been completely stopped and there was no staff available, which led to non-compliance ... limine, for non-prosecuting the case. The assessee’s reasoning for non-appearance before the AO and CIT(A) is that after the slump sale, assessee company was not carry on any business and there was no staff on the rolls of the company, which led to non-compliance