K Ltd., a public company incorporated under the Companies Act, 2013 has two units-one engaged in manufacture and the other involved in service. As the company is planning for restructuring of the company, it has decided

CS Professional · Advanced Tax Laws · PYQS · December 2022
K Ltd., a public company incorporated under the Companies Act, 2013 has two units-one engaged in manufacture and the other involved in service. As the company is planning for restructuring of the company, it has decided to sell its Manufacturing unit as a going concern by way of slump sale for ₹ 50,000 to a new company called M Ltd., in which it holds 73% equity shares. The balance sheet of K limited as on 31st March, 2022, being the date on which Manufacturing unit has been transferred, is given hereunder : Liabilities Amount (₹) Assets Amount (₹) Paid up Share Capital 40,000 Fixed Assets :- General Reserve 13,000 Service unit 18,000 Share Premium 8,000 Manufacturing unit 25,000 Revaluation Reserve 13,400 Debtors :- Current Liabilities :- Service unit 15,000 Service unit 8,000 Manufacturing unit 16,000 Manufacturing unit 6,000 Inventories:- Service unit 10,500 Manufacturing unit 3,900 Total 88,400 Total 88,400 Company has furnished following additional information: (i) The Manufacturing unit is in existence since June, 2016. (ii) Fixed Assets of Manufacturing unit includes land which was purchased at ₹ 6,000 in the month of July 2016 and revalued at ₹ 8,000 as on March 31, 2022. (iii) Fixed assets of Manufacturing unit is at ₹ 17,000 (₹ 25,000 minus land value ₹ 8,000) is written down value of depreciable assets as per books of account. However, the written down value of these assets under section 43(6) of the Income Tax Act, 1961 is ₹ 11,000. For the assessment year 2022-23, Ascertain the tax liability, which would arise to K Limited from slump sale. Cost inflation index for the financial year 2016-17 was 264 and for 2021-22 it was 317.

Answer & Explanation:

Computation of Net Worth of Manufacturing Unit Particulars Amount (₹) Depreciable assets (WDV as per Income Tax Act) 11000 Land 6000 Debtors 16000 Inventory 3900 Total Assets 36900 Less: Current Liability (6000) Net Worth 30900 Computation of Capital Gains on transfer of manufacturing unit Full Value of Consideration = ₹ 50,000 Less: Net worth of service unit = ₹ (30,900) Long Term Capital Gains = ₹ 19,100 Notes: Capital Gains = "Slump sale consideration" minus "Net worth of the Undertaking or division" and "Net worth" = Aggregate value of total assets of the undertaking or division transferred minus Value of Liabilities of the undertaking or division transferred as appearing in its books of account. For computing the "net worth", non-depreciable assets are to be taken at their book values. For computing the "net worth", in case of depreciable assets, the written down value of such assets shall be computed as per section 43(6)(c)(i)(C). Capital Gains are long term since period of holding of unit shall be from June 2016 to March 2022. As per section 50B of the Income tax Act, 1961, Cost inflation indexation benefit not available for computing capital gains in case of slump sale.

Topics: Income Tax Act

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