Sale of a Running Business with all Assets & Liabilities is Slump Sale: SC

CIT Vs Equinox Solution Pvt. Ltd. (Supreme Court of India)

1) This appeal is filed by the Revenue (Income Tax Department) against the order dated 29.07.2003 passed by the High Court of Gujarat at Ahmedabad in I.T.A. No. 59 of 2003 whereby the High Court dismissed the Revenue’s appeal on the ground that the appeal does not involve any substantial question of law under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”).

2)  We herein set out the facts, in brief, to appreciate the issues involved in this appeal.

3)  The respondent-assessee was engaged in the business of manufacturing sheet metal components out of CRPA & OP sheds at Ahmadabad. The respondent decided to sell their entire running business in one go. With this aim in view, the respondent sold their entire running business in one go with all its assets and liabilities on 31.12.1990 to a Company called “Amtrex Appliances Ltd” for Rs.58,53,682/-.

4) The respondent filed their income tax return for the Assessment iear 1991-1992. In the return, the respondent claimed deduction under Section 48 (2) of the Act as it stood then by treating the sale to be in the nature of “slump sale” of the going concern being in the nature of long term capital gain in the hands of the assessee.