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“going concern”

Judicial DoctrinesSlump SaleSlump Sale477 judgments

The decision most relied on for going concern is Areva T&D India Ltd. v. DCIT (345 ITR 421), cited in 97 judgments on BharatTax.

Leading authorities on going concern

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.

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.

Harshad J.Choksi v. CIT, Bombay City- VII
25 Taxmann.com 567 · 2012 · High Court
31
citing judgments

The conditions for claiming a bad debt deduction under Section 36(1)(vii) read with Section 36(2) are not fulfilled if the assessee fails to provide details of the parties associated with the debts or evidence that these amounts were offered to tax in earlier years. An alternate claim for loss under Section 28 is denied without evidence substantiating the loss in the relevant assessment year.

L.Ve. Vairavan Chettiar v. CIT
72 ITR 114 · 1969 · High Court
31
citing judgments

A business concern can still be considered to be carrying on its business even if there are long intervals of inactivity, provided it is kept alive, retains its registered office, and holds meetings. It is not necessary for a business to have work constantly to be considered in existence.

Everest Kanto Cylinders Ltd. v. DCIT
34 Taxmann.com 9 · 2013 · High Court
19
citing judgments

Depreciation is allowable on goodwill, even if it's considered an intangible asset representing future profits, following the Supreme Court's decision in CIT v. SMIFS Securities Ltd.

Bharat Hari Singhania v. CWT
19 SOT 612 · 2008 · High Court
11
citing judgments

While the case involves a reference to "fresh tangible material", "valuation of shares", "going concern", and "indexed cost of acquisition", the provided passages do not clearly articulate the specific holding of Bharat Hari Singhania v. CWT.

Mahindra & Mahindra Ltd. v. DCIT, 313 ITR (AT) 263 (SB)
110 ITD 59 · 2008 · ITAT
10
citing judgments

The Assessing Officer cannot improve his assessment by adopting a new theory during reassessment proceedings.

CIT v. Southern Petrochemical Industries Corporation Ltd.
291 ITR 362 · 2007 · High Court
10
citing judgments

Depreciation is allowable on standby machinery that is kept ready for use, even if not actually put to use due to reasons such as raw material paucity. This is permissible as long as the business is a going concern.

Judgments citing going concern

Dy. Commissioner of Income Tax Central Cir.-2, Surat vs. Sumeet Industries Ltd., Surat

ITA 176/SRT/2021[2017-18]Status: DisposedITAT Surat13 Mar 2023AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./It(Ss)A No. 38/Srt/2021 "नधा"रण वष"/Assessment Year: (2014-15) (Virtual Court Hearing) Sumeet Industries Ltd., Vs. The Dcit, Central Circle-2, 504, Trividh Chambers, Opp. Fire Surat. Station, Ring Road, Surat-395002. (Assessee) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecs2583B आयकर अपील सं./It(Ss)A No. 46/Srt/2021 "नधा"रण वष"/Assessment Years: (2012-13) The Dcit, Central Cirlce-2, Vs. Sumeet Industries Ltd., Surat. 504, Trividh Chambers, Opp. Fire Station, Ring Road, Surat-395002. (Revenue)/(Assessee) (Assessee)/(Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecs2583B आयकर अपील सं./It(Ss)A No. 47/Srt/2021 "नधा"रण वष"/Assessment Year: (2014-15) The Dcit, Central Cirlce-2, Vs. Sumeet Industries Ltd., Surat. 504, Trividh Chambers, Opp. Fire Station, Ring Road, Surat-395002. (Revenue)/(Assessee) (Assessee)/(Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecs2583B आयकर अपील सं./Ita No. 120/Srt/2021 "नधा"रण वष"/Assessment Years: (2015-16) The Dcit, Central Cirlce-2, Vs. Sumeet Industries Ltd., Surat. 504, Trividh Chambers, Opp. Fire Station, Ring Road, Surat-395002. (Revenue)/(Assessee) (Assessee)/(Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecs2583B

Section 143(3)Section 156ASection 31Section 31(1)Section 61

goods or services critical to protect and preserve the value of the corporate debtor and manage the operations of such corporate debtor as a going concern, then the supply of such goods or services shall not be terminated, suspended or interrupted during the period of moratorium, except where such corporate