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Microlesson · 5-min read

Slump Sale [Section 50B]

## Slump Sale [Section 50B]

### Meaning

Slump Sale = Transfer of one or more business undertakings / divisions / units as a going concern for a lump-sum consideration, without assigning individual values to assets and liabilities.

### Capital Gain Computation

ParticularsAmount
Sale Consideration (FMV of unit transferred)XX
(-) Transfer Expenses(XX)
Net Sale ConsiderationXX
(-) Cost of Acquisition (Net Worth of unit)(XX)
Capital Gain (STCG / LTCG)XX

LTCG if the undertaking is owned for > 36 months; otherwise STCG.

### Sale Consideration — FMV of Unit

Higher of FMV-1 or FMV-2 on the date of slump sale:

  • FMV-1 = Market value of assets and liabilities of the unit transferred (Rule 11UAE)
  • FMV-2 = Consideration agreed for the transfer

### Cost of Acquisition — Net Worth of Unit

ItemValue to be taken
Depreciable AssetsWDV as per Income-tax Act (not book value)
Section 35AD Assets (capital expenditure fully deducted)Nil
Self-generated GoodwillNil
Other AssetsBook Value
(-) Book Value of Liabilities of the unitXX

Important Rules:

  • Ignore revaluation of assets — revaluation reserve does not increase net worth
  • Do NOT subtract: Paid-up Share Capital, Reserves & Surplus (these are not 'liabilities' of the unit)

### Net Worth Can Be Negative

If liabilities exceed assets, net worth can be negative — but for slump sale purposes, negative net worth is treated as Nil (and the entire sale consideration becomes capital gain). [Memorandum to Finance Act, 2021]

Worked example

### Example 1

Example: ABC Ltd. sells its 'Unit X' (a manufacturing division) for ₹10 crore on 1.6.2024. Details of Unit X:

  • Plant & Machinery: WDV (IT Act) ₹2 cr; Book Value ₹3 cr (after revaluation by ₹1 cr)
  • Building (Section 35AD asset, fully claimed): Book ₹50 lakh
  • Inventory: ₹1 cr; Debtors: ₹50 lakh
  • Self-generated goodwill: ₹20 lakh in books
  • Trade Creditors: ₹40 lakh
  • FMV of unit (Rule 11UAE) = ₹9.5 crore; Consideration = ₹10 crore

Sale Consideration: Higher of ₹9.5 cr or ₹10 cr = ₹10 crore

Net Worth:

  • Plant & Machinery: ₹2 cr (WDV, ignore revaluation)
  • Building (35AD): Nil
  • Inventory: ₹1 cr
  • Debtors: ₹50 lakh
  • Self-generated goodwill: Nil
  • Total Assets: ₹3.5 cr
  • (-) Trade Creditors: ₹40 lakh
  • Net Worth = ₹3.10 crore

LTCG (held > 36 months): ₹10 cr − ₹3.10 cr = ₹6.90 crore

⚠️ Common exam mistakes

  • Taking book value of depreciable assets instead of IT Act WDV.
  • Including revaluation reserve / revalued amounts in net worth.
  • Subtracting paid-up capital and reserves & surplus from total assets (these are equity, not liabilities).
  • Including self-generated goodwill at book value — it must be Nil.
  • Including Section 35AD assets at book value — they must be Nil since deduction already claimed.
Bare-Act text Section 50B read with Section 2(42C) · Income-tax Act, 1961 · click to expand
Any profits or gains arising from the slump sale effected in the previous year shall be chargeable to income-tax as capital gains arising from the transfer of long-term capital assets and shall be deemed to be the income of the previous year in which the transfer took place: Provided that any profits or gains arising from the transfer under the slump sale of any capital asset being one or more undertakings owned and held by an assessee for not more than thirty-six months immediately preceding the date of its transfer shall be deemed to be the capital gains arising from the transfer of short-term capital assets. In relation to capital assets being one or more undertakings or divisions transferred by way of such sale, the 'net worth' of the undertaking or the division, as the case may be, shall be deemed to be the cost of acquisition and the cost of improvement for the purposes of sections 48 and 49.
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