Section 50B of the Income Tax Act
Income-tax Act, 2025: s.77
Section 50B of the Income-tax Act, 1961 corresponds to section 77 (Special provision for computation of capital gains in case of slump sale) of the Income-tax Act, 2025.
Read section 77 of the 2025 Act
Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.
The decision most relied on for Section 50B is CIT v. Artex Manufacturing Co. (227 ITR 260), cited in 36 of the 148 judgments on BharatTax that turn on this section.
Leading authorities on Section 50B
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.
In a slump sale of a business undertaking, the slump purchase price cannot be apportioned amongst individual assets for the purpose of claiming depreciation if no item-wise value was assigned in the purchase agreement.
Addition should not be made when tax authorities fail to conduct inquiries with TDS deductors regarding discrepancies between Form 26AS and books of account, despite having the information and opportunity. Disallowance of expenses is arbitrary and against the rule of law if made without rejecting books of account or identifying specific discrepancies.
The Assessing Officer must record dissatisfaction regarding the correctness of the assessee's claim for expenditure to earn exempt income before invoking Rule 8D for disallowance under Section 14A of the Income Tax Act.