In return of income, the assessee-company claimed slump sale of asset of the company at Rs. 2.25 crores. However, as per the stamp valuation authority, value was adopted at Rs. 4.18 crores. The Assessing Officer adopted the value under section 50C and made addition to assessee’s income. Which was confirmed by the CIT(A). Affirming the decision of lower authorities the Tribunal held that the sale deed did not say anything about furniture and fixtures and other gadgets and also as per the deed only vacant possession of building and had been handed over by assessee and no other articles machinery etc. Accordingly the sale cannot be considered as slump sale. (AY.2010-11)
Manish Films (P.) Ltd. v. ITO (2019) 175 ITD 121 (Indore) (Trib.)
S. 50B : Capital gains–Slump sale-As per sale deed, possession of only land and building was handed over and there was no transfer of furniture, fixtures and other equipment’s- Transaction cannot be regarded as slump sale. [S. 45, 50C]