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april 2017

Supreme Court of India · 2017-04-18

Commnr. Of Income Tax, Ahmedabad vs Equinox Solution Pvt. Ltd

Citation / case number
AIR 2017 SUPREME COURT 1912
Court
Supreme Court of India
Petitioner
Commnr. Of Income Tax, Ahmedabad
Respondent
Equinox Solution Pvt. Ltd
Author
Abhay Manohar Sapre
Bench
Abhay Manohar Sapre, R.K. Agrawal

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the Revenue's appeal under Section 260-A of the Income Tax Act, 1961, affirming that the case did not involve any substantial question of law. The Court reiterated that the sale of the entire running business constituted a 'slump sale' under Section 48(2) and not a short-term capital gain under Section 50(2). Consequently, the Court confirmed the findings of the CIT (Appeals) and the Income Tax Appellate Tribunal, allowing the assessee's claim for deduction.

Commnr. Of Income Tax, Ahmedabad vs Equinox Solution Pvt. Ltd · Niyam