Introducing the βIn Favour Ofβ filter in Case Laws.
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Introducing the βIn Favour Ofβ filter in Case Laws.
Try it now in Case Laws β


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<h1>Carry forward and set off of losses limited by firm succession, business succession and change in company shareholding; exceptions specified.</h1> Change in firm constitution bars carrying forward and setting off losses attributable to a retired or deceased partner beyond his profit share, preventing the firm from using that portion of loss. Succession in business other than by inheritance prevents the successor from carrying forward the predecessor s losses, so only the loss-incurring person may seek set off. Change in company shareholding during a tax year disallows carry forward unless at least 51% beneficial voting power continuity exists on the tax year end; eligible startups are permitted subject to shareholder continuity and ten-year incubation, and specified exemptions (death, gift to relative, amalgamation/demerger, insolvency resolution plan, tribunal-directed changes, relocation, strategic disinvestment) preserve carry forward rights.