Where the purchase consideration paid on the acquisition of a business under a slump sale exceeded the value of the net assets acquired, the excess represented goodwill. The Tribunal held that section 50C was not applicable to the purchaser; however, section 56(2)(vii)(b) would apply. The matter was restored to the Assessing Officer to obtain valuation from the DVO, determine the value of land and building, attribute the balance consideration to goodwill and allow depreciation thereon. (AY. 2012-13 to 2014-15 & 2016-17.)
Akorn India (P.) Ltd. v. DCIT (2025) 238 TTJ 869 / 180 taxmann.com 249 (Delhi)(Trib.)
S. 32: Depreciation-Goodwill arising on slump sale-The matter was restored to the Assessing Officer to obtain valuation from the DVO, determine the value of land and building, attribute the balance consideration to goodwill and allow depreciation thereon. [S. 2(42C), 32(1)(ii), 50B, 56(2)(vii)(b)]
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