Chapter XII-DA - SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME OF DOMESTIC COMPANY FOR BUY-BACK OF SHARES (From Section 115QA to Section 115QC)
Part C - Procedure for filing of return in respect of fringe benefits, assessment and payment of tax in respect thereof (From Section 115WD to Section 115WM)
Chapter XX-B - REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX (From Section 269SS to Section 269TT)
Section 72A - Provisions relating to carry forward and set off of accumulated loss and unabsorbed depreciation allowance in amalgamation or demerger, etc.
Income-tax Act, 1961 Part B Set off, or carry forward and set off
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Carry forward of accumulated losses in restructurings hinges on continuity, asset retention and genuine business purpose compliance. Section 72A deems accumulated loss and unabsorbed depreciation of a predecessor entity to be those of the successor on amalgamation, demerger or specified reorganisations, subject to conditions requiring continuity of business and substantial retention of book value of fixed assets, with failure to meet those conditions resulting in earlier set offs being treated as taxable income; demerger rules allow direct transfer or proportionate apportionment of losses, and special provisions govern successor treatment and limited carry forward periods for later restructurings.
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.
Provisions expressly mentioned in the judgment/order text.
Carry forward of accumulated losses in restructurings hinges on continuity, asset retention and genuine business purpose compliance.
Section 72A deems accumulated loss and unabsorbed depreciation of a predecessor entity to be those of the successor on amalgamation, demerger or specified reorganisations, subject to conditions requiring continuity of business and substantial retention of book value of fixed assets, with failure to meet those conditions resulting in earlier set offs being treated as taxable income; demerger rules allow direct transfer or proportionate apportionment of losses, and special provisions govern successor treatment and limited carry forward periods for later restructurings.
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