Carry forward of business losses: predecessor company's losses and unabsorbed depreciation deemed as successor LLP's losses, subject to proviso compliance. Where a private or unlisted public company is succeeded by a limited liability partnership meeting the proviso conditions, the predecessor's accumulated loss and unabsorbed depreciation shall be deemed the loss and allowance for depreciation of the successor LLP for the previous year in which reorganisation was effected, with existing set off and carry forward rules applying; if the proviso conditions are later not complied with, amounts set off shall be treated as the LLP's income for the year of non compliance.
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Provisions expressly mentioned in the judgment/order text.
Carry forward of business losses: predecessor company's losses and unabsorbed depreciation deemed as successor LLP's losses, subject to proviso compliance.
Where a private or unlisted public company is succeeded by a limited liability partnership meeting the proviso conditions, the predecessor's accumulated loss and unabsorbed depreciation shall be deemed the loss and allowance for depreciation of the successor LLP for the previous year in which reorganisation was effected, with existing set off and carry forward rules applying; if the proviso conditions are later not complied with, amounts set off shall be treated as the LLP's income for the year of non compliance.
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