TMI BlogRationalisation of the provision of slump saleX X X X Extracts X X X X X X X X Extracts X X X X ..... to mean the transfer of one or more undertakings as a result of sale for lump sum consideration without value being assigned to individual assets and liabilities in such cases. This has been interpreted by some courts that other means of transfer listed in sub-section (47) of section 2 of the Act, in relation to definition of the word transfer in relation to capital asset like exchange, relinq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scertained first and is then discharged by way of non-monetary assets. In this situation it would be a case of transfer by way of sale and would thus be covered within existing provisions of section 50C of the Act. Based on this principle, Hon ble SC in the case of Artex Manufacturing Company [(1997), 227 ITR 260] held that the sale of business on a going concern for a lump-sum non-monetary consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct as interpreted by various courts. However, it is still seen that tax avoidance schemes are drawn to defeat the intent of this provision and Courts can always intervene to find the true substance of the transaction and purpose of section of 50C of the Act. In order to make the intention clear, it is proposed to amend the scope of the definition of the term slump sale by amending the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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