Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
ITAT held that post-01.04.2007 amalgamation triggers the statutory bar in section 80IA(12A), which excludes continuation of the deduction where an eligible undertaking is transferred under amalgamation or demerger; the amalgamated company was therefore ineligible for section 80IA relief. It also held that section 80JJAA(2)(b) denies deduction where the business is acquired by transfer or as a result of business reorganisation, and an amalgamation falls within that bar because the undertaking, assets and liabilities stand transferred to the resultant company. Both deductions were thus disallowed and the Revenue's appeal succeeded.
ITAT held that post-01.04.2007 amalgamation triggers the statutory bar in section 80IA(12A), which excludes continuation of the deduction where an eligible undertaking is transferred under amalgamation or demerger; the amalgamated company was therefore ineligible for section 80IA relief. It also held that section 80JJAA(2)(b) denies deduction where the business is acquired by transfer or as a result of business reorganisation, and an amalgamation falls within that bar because the undertaking, assets and liabilities stand transferred to the resultant company. Both deductions were thus disallowed and the Revenue's appeal succeeded.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
