Amalgamation and demerger transfer rule: tax provisions shift to transferee while transferor is exempt for Indian companies. Where, in a scheme of amalgamation or demerger, the amalgamating or demerged company sells or transfers the business to the amalgamated or resulting company (being an Indian company), the sub section shall not apply to the amalgamating or demerged company and shall, as far as may be, apply to the amalgamated or resulting company as it would have applied to the amalgamating or demerged company if the latter had not transferred the business or interest in the business.
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.
Amalgamation and demerger transfer rule: tax provisions shift to transferee while transferor is exempt for Indian companies.
Where, in a scheme of amalgamation or demerger, the amalgamating or demerged company sells or transfers the business to the amalgamated or resulting company (being an Indian company), the sub section shall not apply to the amalgamating or demerged company and shall, as far as may be, apply to the amalgamated or resulting company as it would have applied to the amalgamating or demerged company if the latter had not transferred the business or interest in the business.
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