Carry forward of accumulated loss permitted on amalgamation subject to continuity of assets, business continuation and genuineness conditions. Accumulated loss and unabsorbed depreciation on amalgamation are deemed to be the loss or allowance of the amalgamated company for the year of amalgamation and are subject to the Act's set off and carry forward rules, but their allowance is conditional on continuity of specified assets and continuation of the business and other prescribed conditions to ensure revival or genuine business purpose; failure to satisfy those conditions results in previously made set offs being treated as taxable income in the year of non compliance.
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 loss permitted on amalgamation subject to continuity of assets, business continuation and genuineness conditions.
Accumulated loss and unabsorbed depreciation on amalgamation are deemed to be the loss or allowance of the amalgamated company for the year of amalgamation and are subject to the Act's set off and carry forward rules, but their allowance is conditional on continuity of specified assets and continuation of the business and other prescribed conditions to ensure revival or genuine business purpose; failure to satisfy those conditions results in previously made set offs being treated as taxable income in the year of non compliance.
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