Amalgamation involving erstwhile public sector companies limits recognized accumulated losses and depreciation to amounts at disinvestment.

The Finance Act, 2021 amends section 72A to allow amalgamation of an erstwhile public sector company with other companies where strategic disinvestment restricted immediate amalgamation and the merger occurs within five years after that restriction ends, while limiting the accumulated loss and unabsorbed depreciation deemed in the amalgamated company to not exceed the amounts as on the date the company ceased to be a public sector company; it also defines control, erstwhile public sector company, and strategic disinvestment.

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