Company, including a partnership LLP, of a joint venture to operate a business, generate profits and share profits, in cash or in kind 4.8 Stamp duty is payable at the rates set out in Schedule I. In the case of instruments based on the market value of the property, the clause relating to any immovable property that is the subject of an instrument means the price that the property would have reached if it had been sold on the open market on the day of performance of that instrument or the consideration specified in the instrument, whichever is greater. With respect to the purchase of shares of a system by an investor from a developer, if the investor sells the unit, set-off of the tax paid against the tax paid would be permitted under section 25 In the case of real estate, in Duncans Industries Ltd v. State of the UP [6], which discussed the fact that if there is an intention to transfer the entire commercial enterprise according to the current state, including factories, machinery and other assets, the machine that permanently embedded the fertilizer plant in the land for the purpose of the operation must be treated as « real estate » and is subject to stamp duty as transport. However, it does not contain bills of exchange, cheques, promissory notes, bills of lading, letters of credit, insurance policies, transfers of shares, bonds, agents and receipts. • The assets and liabilities of the entity to be transferred are listed in the notes to the BTA; The stamp duty to be collected may be up to two rupees per thousand rupees of the monetary value specified in the agreement. An agreement in the form of a BTA falls directly under section 5(h)(A) of the BS Act. Despite the general nature of the description in section 5(h)(A), the BS Act retained a residual provision under section 5(h)(B) requiring a stamp duty of INR one hundred (100) only for agreements that are not otherwise provided. As Article 5(h)(A) describes the instrument in more detail, an FTA carried out in the State of Maharashtra should be properly stamped in accordance with Article 5(h)(A) and not Article 5(h)(B). As we have already mentioned, « downward selling » is only a method of corporate restructuring. The company is moving forward to sell its company and this is one of the widely used business acquisition opportunities in India. The sale of falls is generally carried out: 5.2 In addition, any official may confiscate these incorrectly stamped instruments if he becomes aware of them. These confiscated documents must be sent to the collector, who will then determine the amount of duties to be paid for them and, if necessary, the penalties. Each party to an instrument may also present a suo moto certificate for evaluation by the collector, etc.

31. • Lump sum consideration, no need to assign value to assets. The consideration must be a whole, not just attributable to the assets. It should be a one-time consideration, not fees or any other model. Recently, the Kolkata Income Tax Court of Appeal ruled that if only certain assets of a company are sold, they cannot qualify as a cheap sale under section 50B of the Income Tax Act 1961 simply because the transfer agreement relates to the transfer. « continuing operations ». Retail is an attractive option for businesses looking to transfer or sell a business, as the costs and taxes in the case of individual sales for business transfers are complex, and the parties negotiate and negotiate that you are cautious about the cost agreement. Loading parts from the beginning. Analyzing the different advantages and disadvantages of the above transfer method, the choice to sell the company at a low price or sell the assets independently is the choice of the current activity. This may vary depending on the situation. Section 2(42C) of the Income Tax Act, 1961 recognizes « downward sale » as a transfer of a « corporation », that is, a part, entity or division of a business that constitutes a business activity as a whole. In other words, the downward sale means the transfer of the entire business unit for a single lump sum without appreciably renouncing individual assets and liabilities.

As part of the sale by burglary, the business is sold on a « going concern » basis, i.e. a transfer of all assets/liabilities, contracts, employees, etc. is made so that the business can continue its activities as before such a sale. However, certain values may be attributed to individual assets or liabilities solely for the purpose of paying stamp duty, registration duty or other similar taxes or fees. Indeed, the assets that make up the company in a free-fall sale transaction are movable property (tangible and intangible, including intellectual property), real estate (land, buildings, installations and machinery permanently fixed or embedded in the ground), unsecured loans, advances/deposits, human resources and contracts, as well as stamp duty and registration requirements for all types of assets/liabilities. may include. In order to give effect to the transaction, the parties generally enter into a business transfer agreement (« BTA » or « Agreement »), which includes, among other things, the following conditions: In the case of the Deputy Commissioner of Income Tax v. . . .