1998 (11) TMI 106 - HC - Income Tax

Summary

Issues Involved:
The judgment involves the following Issues:
1. Whether the taking over of the undertaking constituted a slump sale or only the sale of individual assets?
2. Determination of the cost of assets for capital gains and the treatment of consumer's contribution.
3. Taxability of the solatium given to the applicant.

Issue 1:
The court referred to section 256(1) of the Income-tax Act, 1961, and addressed whether the taking over of the assessee-company's undertaking constituted a slump sale or merely the sale of individual assets. The court relied on the decision in CIT v. Artex Manufacturing Co. [1997] 227 ITR 260, which clarified the application of section 41(2) in cases of business transfers. The court noted that the assets were taken over at a stipulated price, leading to the conclusion that it was not a slump sale. Consequently, the court answered question No. 1 in the affirmative, favoring the Revenue.

Issue 2:
Regarding the determination of the cost of assets for capital gains and the treatment of consumer's contribution, the court found that the controversy had become academic as the Tribunal remanded the factual aspect to the Assessing Officer. Consequently, the court deemed question No. 2 unnecessary to answer, and it remained unanswered.

Issue 3:
The court addressed the taxability of the solatium given to the applicant, referencing the decision in Akola Electric Supply Co. Pvt. Ltd. v. CIT [1978] 113 ITR 265. Following the precedent, the court answered question No. 3 in the affirmative and in favor of the Revenue. The reference was disposed of with no order as to costs.