Discuss the tax aspects on 'slump sale' and 'demerged company'.
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2021
Discuss the tax aspects on 'slump sale' and 'demerged company'.
Answer & Explanation:
Slump Sale: Section 2(42C) of the Income Tax Act, 1961 defines 'slump sale' as a means of transfer of one or more undertakings as a result of the sale for a lump sum consideration without values being assigned to the individual assets and liabilities in such cases. As per section 50B of Income Tax Act, 1961, any profits or gains arising from the slump sale effected in the previous year shall be chargeable to income tax as capital gains from the transfer of long term capital asset and shall be deemed to be the income of the previous year in which the transfer took place. Demerged Company: Demerged company has been defined under section 2(19AA) of the Income Tax Act, 1961. According to section 47(vib), where there is a transfer of any capital asset in case of demerger by the demerged company to the resulting company, such transfer will not be regarded as a transfer for the purpose of capital gain provided the resulting company is an Indian company.
Topics: Taxation
Related Questions in this Topic
- Mr. P is unable to pay his debt and wants to apply under the Insolvency and Bankruptcy Code 2016 for a fresh start proce...
- Comment on Professional Assistance to Company Liquidator as per provision of section 291 of the Companies Act, 2013. A c...
- A resolution plan shall provide for the measures, as may be necessary, for insolvency resolution of the corporate debtor...
- Explain the provision on actions to avoid acts detrimental to creditors as per provision of the Article 23 of the UNCITR...
- 'The Ministry of Corporate Affairs has constituted the Insolvency Law Committee (ILC) to recommend amendments to the Ins...