Slump Sale Sec 50B

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Shiv om Jindal (Querist)
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16 June 2008 I have a query regarding application of section 50B i.e. Slump Sale. Where an asset transferred, is one on which cenvat credit has been availed by the transferor in the year preceding the year of transfer what will the treatment of credit that would have been available otherwise had the asset not been transferred u/s 50B in the hands of the transferor Co or can it be availed by the transferee Co. As it has been provided that the unabsorbed losses and unabsorbed depreciation can not be carried forward by the transferee co. and only the transferor Co. can carry forward the same.
Now I want to know whether the Capital Asset on which Cenvat has been claimed or can be claimed is a depreciable asset for this section.
If yes, then what will be treatment of Cenvat Credit which can be availed, (i) if the asset is transferred u/s in the year of purchase, (ii) asset is transferred in the second or subsequent years.
Also as per Cenvat Credit rules, 2004 the cenvat on capital asset can be availed only if the asset is in possession of the person. Whether the possession here means the possession throughout the year or a case in which person held the asset at any time during the year will also be considered for the same.
Please reply urgently.
Thanks in advance

Shiv om Jindal

Shiv om Jindal (Querist)
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17 June 2008 Someone solve this query please.