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Reconstruction or splitting up has been made to transfer any assets of the demerged company to the resulting company Agreement and Share Purchase Agreement - 93/2016 - Income Tax Act, 1961
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Demerger: reconstruction treated as demerger when asset transfer implements shareholders and share purchase agreements and resulting company is public sector. A reconstruction or splitting up of a company that ceased to be a public sector company shall be deemed a demerger where the reconstruction effects transfer of assets to the resulting company to give effect to the Shareholders' Agreement and Share Purchase Agreement, and the resulting company is a public sector company on the appointed date indicated in the scheme approved by the Appellate Tribunal under the Companies Act.
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.
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Demerger: reconstruction treated as demerger when asset transfer implements shareholders and share purchase agreements and resulting company is public sector.
A reconstruction or splitting up of a company that ceased to be a public sector company shall be deemed a demerger where the reconstruction effects transfer of assets to the resulting company to give effect to the Shareholders' Agreement and Share Purchase Agreement, and the resulting company is a public sector company on the appointed date indicated in the scheme approved by the Appellate Tribunal under the Companies Act.
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