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 72AB - Provisions relating to carry forward and set off of accumulated loss and unabsorbed depreciation allowance in business reorganisation of co-operative banks
Income-tax Act, 1961 Part B Set off, or carry forward and set off
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Carry forward and set off of accumulated loss allowed for successor co-operative banks subject to continuity and genuine reorganisation conditions. Section 72AB allows a successor co-operative bank to set off and carry forward the accumulated loss and unabsorbed depreciation of a predecessor bank as if the reorganisation had not occurred, provided prescribed continuity and genuineness conditions are met by both predecessor and successor (including asset-holding and continuation of business). For demergers, allowable set-off is either directly attributable amounts or a proportionate share based on transferred assets. Non-compliance with conditions causes earlier set-offs to be treated as taxable income of the successor in the year of breach.
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 and set off of accumulated loss allowed for successor co-operative banks subject to continuity and genuine reorganisation conditions.
Section 72AB allows a successor co-operative bank to set off and carry forward the accumulated loss and unabsorbed depreciation of a predecessor bank as if the reorganisation had not occurred, provided prescribed continuity and genuineness conditions are met by both predecessor and successor (including asset-holding and continuation of business). For demergers, allowable set-off is either directly attributable amounts or a proportionate share based on transferred assets. Non-compliance with conditions causes earlier set-offs to be treated as taxable income of the successor in the year of breach.
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