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Slump Sale

In simple terms, a "slump sale" refers to the transfer of an entire or a part of a business as a complete and ongoing operation.

In accordance with Section 50B of the Income Tax Act, 1961 read with rule 11UAE, two distinct fair valuations are mandated. The first involves the formula driven valuation, certificate is obtained by a Merchant Banker. The second pertains to the valuation of consideration received, which must be carried out by a qualified merchant banker or registered valuer.

Provisions for Unlisted Companies

Compliance with Income Tax Act 1961
  • small-tic Governed by Section 50B of the Income Tax Act, 1961, read with applicable rules.
  • small-tic Valuation Certificate requirement: An unlisted company must obtain a valuation certificate from a Category 1 Merchant and a Registered Valuer.

Provisions for Listed Companies

Compliance with Income Tax Act 1961
  • small-tic Governed by Section 50B of the Income Tax Act, 1961, read with applicable rules.
  • small-tic Valuation Certificate requirement: An unlisted company must obtain a valuation certificate from a Category 1 Merchant and a Registered Valuer.

Key Points to Consider

01

Which is the governing law for Unlisted

Income Tax Act 1961

02

Which is the governing law for listed

Income Tax Act 1961

03

Who does the Valuation

Merchant Banker and Registered Valuer

04

When valuation is required

At the time of Transfer of Securities

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