PCIT v. UTV Software Communication Ltd. (2019) 261 Taxman 562 (Bom.)(HC) Editorial: UTV Software Communication Ltd v. ACIT ( 2016) 157 ITD 71 (Mum) (Trib) is affirmed.

S. 45 : Capital gains-Sale of shares of subsidiary–Cannot be assessed as slump sale. [S. 2(42C), 50B]

Assessee sold its entire share  holding in its subsidiary UHEL to a third party. AO held that the sale of shares in UHEL to a third party resulted in slump sale of undertaking and  computed  the capital gains as per S.50B  of the Act. CIT (A) confirmed the order of AO. On appeal the Tribunal held that  the transfer of shares by assessee in UHEL was just transfer of shares simplicitor and, said transfer of shares could not be considered to be a slump sale of undertaking within meaning of section 2(42C) of the Act. On appeal by the revenue High Court up held the order of the Tribunal. (AY. 2007-08)