Continuity of shareholding requirement blocks carryforward of past losses unless majority voting power continuity or statutory exceptions apply. Change in shareholding in closely held companies bars carry forward and set off of prior losses unless the same persons beneficially hold a majority of ... Summary
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Continuity of shareholding requirement blocks carryforward of past losses unless majority voting power continuity or statutory exceptions apply.
Change in shareholding in closely held companies bars carry forward and set off of prior losses unless the same persons beneficially hold a majority of voting power at the relevant dates; an eligible start up may carry forward losses if all prior shareholders continue to hold voting power shares and the loss arose within the prescribed post incorporation period. Enumerated exceptions include death or gift to relatives, specified amalgamation/demerger of foreign parents, insolvency resolution plans approved after hearing the tax authority, Tribunal approved board replacements with ensuing resolution plans, prescribed relocations, and strategic disinvestment subject to retention of majority voting power.
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