Amendment of Clause (42C) to substitute word "sales" with "transfer"



Quick Summary
A technical amendment has been proposed to the definition of 'slump sale' under clause (42C) of section 2 of the Act. The word "sales" will be substituted with "transfer" in the last sentence of the definition. This change aims to align the wording with the expanded scope of slump sales introduced by the Finance Act, 2021, which covers all forms of transfer. The amendment takes effect retrospectively from 1st April 2021.

Definition of the term "slump sale"

1. Slump sale is defined in clause (42C) of section 2 of the Act, as the transfer of one or more undertaking, by any means, for a lump sum consideration without values being assigned to individual assets and liabilities in such sales. Vide the Finance Act, 2021, the definition of "slump sale" was amended to expand its scope to cover all forms of transfer under slump sale. However, inadvertently, in the last sentence there is reference to the word "sales" instead of "transfer".

2. Therefore, it is proposed to carry out consequential amendment by amending the provision of clause (42C) of section 2 of the Act, to substitute the word "sales" with the word "transfer".

3. This amendment will take effect retrospectively from the 1st April, 2021 and will accordingly apply in relation to the assessment year 2021-22 and subsequent assessment years.

[Clause 3]

FAQ :

The word "sales" in the definition of 'slump sale' is being replaced with the word "transfer".

Clause (42C) of section 2 of the Act is being amended.

The amendment is a consequential change to correct an inadvertent reference to 'sales' instead of 'transfer' in the definition, aligning it with the expanded scope of slump sales.

This amendment takes effect retrospectively from 1st April 2021.

It will apply in relation to the assessment year 2021-22 and subsequent assessment years.




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