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Treatment of Capital Gains Tax during liquidation process
Case Law Details
- Case Name
- Shree Ram Lime Products Pvt. Ltd. Vs Gee Ispat Pvt. Ltd. (NCLT)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- NCLT
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Shree Ram Lime Products Pvt. Ltd. Vs Gee Ispat Pvt. Ltd. (NCLT)
NCLT HELD THAT: We therefore hold that the tax liability arising out of the sale shall be distributed in accordance with the provisions of Section 53 of the Code. The applicability of Section 178 or 194 IA of the IT Act will not have an overriding effect on the water fall mechanism provided under Section 53 of the Code, which is a complete code in itself, and the capital gain shall not be taken into consideration as the liquidation cost. The Capital Gain will be treated as Operational Debts along with other dues of the government...
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