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          Are there any special provisions in case of carry forward and set off of loss in case of a company in which public are not substantially interested?

          FAQs on Set Off and Carry Forward of Losses

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          Carryforward of losses under section 79: loss set off restricted after shareholding change unless statutory exceptions apply. Section 79 restricts carry forward and set off of losses after a change in shareholding in closely held companies unless at the relevant year end persons beneficially hold at least fifty one per cent of voting power who also held that proportion when the loss was incurred. The restriction applies only to losses and not to unabsorbed depreciation or specified research and family planning expenditures. Statutory exceptions include eligible start ups maintaining original shareholders, changes by death or gift to relatives, certain foreign parent restructurings, and changes pursuant to approved resolution plans, with additional relief for insolvency resolution and specified relocation and public sector company cases.
                            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.

                                  Carryforward of losses under section 79: loss set off restricted after shareholding change unless statutory exceptions apply.

                                  Section 79 restricts carry forward and set off of losses after a change in shareholding in closely held companies unless at the relevant year end persons beneficially hold at least fifty one per cent of voting power who also held that proportion when the loss was incurred. The restriction applies only to losses and not to unabsorbed depreciation or specified research and family planning expenditures. Statutory exceptions include eligible start ups maintaining original shareholders, changes by death or gift to relatives, certain foreign parent restructurings, and changes pursuant to approved resolution plans, with additional relief for insolvency resolution and specified relocation and public sector company cases.





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