A
Division Bench of the Patna High Court in Jittanram
Nirmalram v. Commissioner of Income-tax, Bihar & Orissa, (4
) after considering the relevant decisions, both English and
Indian, said that it was sufficient if there was substantial
identity or similarity in the nature and extent of the
activities carried on between the two firms i.e., the
transferor and the transferee firms. The Court observed
therein :
(1) whether a similar trade has been carried on after the
transfer; (2) whether goodwill or other intangible
assets are included in the transfer; (3) whether staff is
taken over; (4) the treatment on transfer of the stock and
debts of the transferor; (5) whether there was an interval
in the carrying on of the trade as a result of the
transfer'." (Briton Ferry Steel Co., Ltd. v. Barry, [1940] 1
K. B. 463, 476).