Slump Sale or Demerger? – A Better Tax Efficient Business Reconstruction Tool

After the amendment of Income-tax Act of 1961, the provisions have changed drastically. Most of which are driven by novel techniques employed by tax counsels and upheld/approved by appellate authorities. Even after such amendment, tax counsels backed by clients continue to employ tax methods that are not approved by the tax authorities, resulting in a litigation and, in most cases, law changes to help the tax authorities win the battle. Setting court decisions aside is often one-sided. Of fact, in unusual circumstances, despite being in their favour, certain legal rulings perplex taxpayers and other stakeholders. Rattha Citadines Boulevard Chennai (P.) Ltd v. Dy. CIT is an instance of such a ruling. In Sesa Goa Ltd v. Jt. CIT , the court made several smart findings, such as comparing the Income-tax Act, 1922 with the Income-tax Act, 1961 when it was first passed. This article analyses the tax benefits provided on slump sales vs demergers, taking into account the Finance Act of 2021's latest modifications.