Additional criteria that the resulting company needs to meet in a demerger for the purpose of set-off and carry forward of losses and depreciation allowances [ Section 72A(4)&(5) ]
Set off and Carry forward of Losses
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Demerger loss carryforward allows resulting company to inherit directly relatable losses or apportions others between companies. Where accumulated loss or unabsorbed depreciation is directly relatable to transferred undertakings, it may be carried forward and set off in the hands of the resulting company. If not directly relatable, the loss or depreciation is apportioned between the demerged and resulting companies in the same proportion as assets retained and transferred, and each company may carry forward and set off its allocated portion. The Central Government may notify conditions to ensure the demerger is for genuine business purposes.
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.
Demerger loss carryforward allows resulting company to inherit directly relatable losses or apportions others between companies.
Where accumulated loss or unabsorbed depreciation is directly relatable to transferred undertakings, it may be carried forward and set off in the hands of the resulting company. If not directly relatable, the loss or depreciation is apportioned between the demerged and resulting companies in the same proportion as assets retained and transferred, and each company may carry forward and set off its allocated portion. The Central Government may notify conditions to ensure the demerger is for genuine business purposes.
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