Slump sale


This query is : Resolved 

(Querist)
10 May 2014 if sales consideration is rs.100000 and net worth is -150000 then what is capital gain ???

10 May 2014 Kindly mention all the details

10 May 2014 witout cost of acq, year of acq, imp dates of purchase and sell no 1 can reply correctly.

10 May 2014 I believe your doubt is whether or not the negative networth is to be included in arriving at the capital gains.

Thats a normal confusion - whether capital gains is Rs 1 lakhs or Rs 2.5 lakhs.

In case of M/s Summit Securities Limited, Mumbai ITAT held that negative net worth is to be considered and accordingly the gains shall be Rs 2.5 lakhs.

Please refer https://www.moneycontrol.com/news_html_files/news_attachment/2012/Tax%20Edge%20Special%20_BMR%20Advisors.pdf

My disclaimer is that I have not followed the cases subsequent to Sumit Securities case and any subsequent judgment in favor of assessee is not available to me.


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