Bombay HC upholds ITAT
order, rules that assessee company’s transfer of entire shareholding in its
subsidiary to third party doesn’t constitute slump sale u/s 2(42C) r.w. Sec
50B, cites distinction between transfer of shares and transfer of undertaking;
Revenue had treated the transaction as a slump sale u/s 2(42C) on the ground
that sale of 100% shares of any company would lead to a change of ownership and
management which is similar to a slump sale and had thus invoked Sec 50B as
against long term capital gains claimed by assessee u/s 48; Rejecting Revenue’s
stand, HC observes that “what has been transferred are mere shares” of
subsidiary company and there has been no transfer of an undertaking; HC remarks
that “Only there has been change in pattern of its share holdings which would
not make it slump sale” which is evident from the statutory definition of slump
sale and the term 'undertaking' as defined in the Act read with the binding
decision of the Apex Court in Bacha F. Guzdar; Upholding ITAT order, HC holds
that “Tribunal invoked the correct principle of law to draw a distinction
between transfer of shares and transfer of undertaking” and concludes that no
substantial question of law arises.:HC
Subscribe to:
Post Comments (Atom)
India-Mauritius DTAA Protocol Notified: Key Tax Implications
The Government of India has notified the amendment to the Protocol of the India-Mauritius Double Tax Avoidance Agreement (DTAA) on 13 Oct...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
In a recent informal guidance letter, SEBI clarified whether a cousin of a Promoter Group member qualifies as a person ‘related to promote...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
Key features of File Validation Utility (FVU) version 3.3 FVU 3.3 will be applicable for quarterly TDS/ TCS statements pertaining to...
-
CIT vs. The Instalment Supply Ltd (Delhi High Court) The assessee bought 1614 items of computer systems for Rs.40 lacs from HCL Hewlett ...
-
Facts The applicant („A‟) is a closely held Public Limited company incorporated in India in the year 1953. A‟s shareholder included A (...
-
01. TDS u/s 194J is required to be done for Royalty also w.e.f 13-7-2006. 02. Royalty had been defined under explanation 2 of se...
-
Until now, 'Samaritans' is not how the Independent Directors are purported by Clause 49 in the Listing agreement. An Independ...
-
1. Concept of “limited liability partnership” LLP is an alternative corporate business form that gives the benefits of limited liability ...
-
SREI Infrastructure Finance Ltd vs. ITSC (Delhi High Court) The assessee entered into a scheme of arrangement u/s 391-394 of the Compani...
No comments:
Post a Comment