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“business transfer agreement”

Capital GainsSection 50BSection 50B154 judgments

The decision most relied on for business transfer agreement is Champion Engineering Works Ltd. v. CIT (1971) 81 ITR 273 (Bom), CIT v. Bowrisankara Stemp Ferry Co. (165 ITR 63), cited in 66 judgments on BharatTax.

Leading authorities on business transfer agreement

Champion Engineering Works Ltd. v. CIT (1971) 81 ITR 273 (Bom), CIT v. Bowrisankara Stemp Ferry Co.
165 ITR 63 · 1987 · High Court
66
citing judgments

The case is cited for the principle that when a payment is made for a non-compete agreement which is part of a larger business transfer, the characterisation of the payment depends on whether it is for the enduring benefit of the business or for the loss of potential profits.

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.

Ors. (1987) 165 ITR 63 (Mad), DCIT v. McDowell & Co. Ltd. 291 ITR 107 (Kar.), CIT v. Excel Industries Limited
122 ITR 977 · 1980 · High Court
45
citing judgments

Expenditure incurred to eliminate competition can be capital in nature, even if it is not simultaneous with the acquisition of a business. The enhancement of lease rent attributable to the elimination of competition is considered capital expenditure.

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. Rai Bahadur Jairam Valji
35 ITR 148 · 1959 · Supreme Court
41
citing judgments

Compensation received for the cancellation of an agency agreement is a capital receipt if it impairs the assessee's trading structure or results in the loss of a source of income. However, if the contract is terminated in the ordinary course of business, the compensation may be considered a revenue receipt, with classification depending on the specific facts of each case.

Council), V.Damodaran v. CIT Kerala 64 ITR 26(Ker.), Champion Engineering Works Ltd. v. CIT
87 ITR 650 · 1973 · High Court
32
citing judgments

A payment made to eliminate competition is a capital expenditure, not a deductible business expense, as it secures an enduring benefit.

M/s Tecumesh India Private Limited v. Additional CIT
132 TTJ 129 · ITAT
29
citing judgments

Payments made to ward off competition, even to a rival dealer, are considered capital expenditure. It is not necessary for such fees to create a monopoly to be classified as capital in nature.

91 ITR 107 (Kar.), CIT v. Excel Industries Limited 122 ITR 995 (Bom.), Hindustan Times Ltd. v. CIT
127 ITR 74 · High Court
27
citing judgments

Expenditure incurred to eliminate competition is considered capital expenditure. This is particularly true when the expenditure creates an enduring benefit for the assessee.

Judgments citing business transfer agreement

Brahmar Cellulose Products Private Limited, Chennai vs. Deputy Commissioner of Income Tax, Chennai

In the result, the appeal filed by the assessee dismissed

ITA 189/CHNY/2024[2012-13]Status: DisposedITAT Chennai21 Aug 2024AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.189/Chny/2024 िनधा"रण वष"/Assessment Years: 2012-13 Brahmar Cellulose Products Private Vs. The Deputy Commissioner Of Limited, Ameen Manors, S1 & S2, Income Tax, Second Floor, B Block, No. 138, Corporate Circle 1(2), Nungambakkam High Road, Chennai. Chennai 600 034. [Pan: Aadcb3888M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 06.08.2024 घोषणा की तारीख /Date Of Pronouncement : 21.08.2024 आदेश /O R D E R

For Appellant: NoneFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(3)Section 148

evident from the statement of facts given by the appellant in form no. 35 that the appellant company entered into a Business Transfer Agreement with DMV- Fonterra Excipients GmbH and Co KG on 08th August 2011 for total consideration of Euro 57,50,000 at an exchange rate ... reply letter dated 10th December, 2019 stated that the sale deed for transfer of factory land and building was not executed during Business Transfer Agreement during August 2011 as the transfer formalities with SIPCOT were in process and then the appellant company entered into conveyance deed in the month

Tek Systems Global Services Private Limited, Hyderbad vs. DCIT, Circle-2(1), Hyderbad

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 487/HYD/2022[2018-19]Status: DisposedITAT Hyderabad05 Jul 2024AY 2018-19

Bench: Shri Laliet Kumar & Shri Manjunatha G.आ.अपी.सं /Ita No.487/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2018-19) Tek Systems Global Vs. Dy. C. I. T. Services (P) Ltd, Circle 2(1) Hyderabad Hyderabad Pan:Aabcf1518Q (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Ms. K. Amulya, Ca रधजस् व द्वधरध/Revenue By:: Shri Jeevan Lal Lavidiya, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 29/05/2024 घोर्णध की तधरीख/Pronouncement: 05/07/2024 आदेश/Order

For Appellant: Ms. K. Amulya, CAFor Respondent: : Shri Jeevan Lal Lavidiya
Section 143(3)Section 144BSection 144C(13)Section 270A

facts and in circumstances of the case and in law, the Ld. AO has erred in treating the Business Transfer Agreement (BTA') dated March 28, 2017 entered between the Appellant and Allegis Services India Private Limited as a colourable device without appreciating the fact that the Seller, i.e., Allegis Services ... from Allegis Services India Private Limited ("Allegis India"/ "the Seller") in a slump sale, on a going concern basis, in terms of the business transfer agreement ("BTA") dated 28.03.2017. 2. In the assessment proceeding concluded in the case of the Appellant for the said preceding AY, the lower authorities disallowed

Dn Solutions (India) Private Limited, Bangalore vs. The Income Tax Officer, Ward 2(1)(3), Bangalore

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 439/BANG/2024[2017-18]Status: DisposedITAT Bangalore24 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Years : 2017-18 Dn Solutions (India) Private Limited, Vs. The Income Tax Officer, Ward – 2(1)(3), No.82, Jakkur Village, Yelahanka, Bangalore. Hobli Bangalore-560 064. Pan – Aafcd 7715 F Appellant Respondent Assessee By : Shri Ashik Shah & Sri Vinay Jain, Cas Revenue By : Shri Neha Sahay, Addl. Cit (Dr) Date Of Hearing : 20.06.2024 Date Of Pronouncement : 24.06.2024 O R D E R Per Shri Prakash Chand Yadavthe Present Appeal Of The Assessee Is Arising From The Order Passed By The Nfac, Delhi Dated 17/01/2024 In Din No. Itba/Nfac/S/ 250/2023-24/1059828155(1) For The Assessment Year 2017-18. 2. The Assessee, M/S Dn Solution India Private Limited Formerly Known As Doosan Machine Tools India Private Limited Is A Company Incorporated On July 05, 2016 & Is Engaged In The Business Of Trading In Parts & Spares Used In Machine Tools & Other Business Support Service Activities. 3. The Assessee Fled Its Return Of Income For Year Under Consideration On 29/11/2017 Declaring An Income Of Rs.18,58,390/-. The Case Of The Assessee Was Selected For Scrutiny After Issuing Page 2 Of 8 Statutory Notices. During The Course Of Assessment Proceedings, The Ao Made 4 Additions Mentioned As Under:-

For Appellant: Shri Ashik Shah & Sri Vinay Jain, CAsFor Respondent: Shri Neha Sahay, Addl. CIT (DR)

depreciation on goodwill because there was no valuation report on the date of transfer of the business. The AO also referred to the business transfer agreement dated 29/07/2016 and held that there is no mention of any good will in that agreement. The Ld AO has also alleged that