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    <title>1938 (2) TMI 13 - Calcutta High Court</title>
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    <description>Where a business is succeeded only after the close of the accounting year, the right to set off the loss under the loss set-off provision remains with the assessee that actually sustained the loss in that year. The successor companies, having come into existence only later and not having carried on the business during the loss year, could not be treated as having incurred that loss. The succession provision was held not to displace the predecessor&#039;s statutory entitlement to set-off in these circumstances, so the loss relief was attributable to the original assessee and not to the later companies.</description>
    <language>en-us</language>
    <pubDate>Thu, 24 Feb 1938 00:00:00 +0530</pubDate>
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      <title>1938 (2) TMI 13 - Calcutta High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=292641</link>
      <description>Where a business is succeeded only after the close of the accounting year, the right to set off the loss under the loss set-off provision remains with the assessee that actually sustained the loss in that year. The successor companies, having come into existence only later and not having carried on the business during the loss year, could not be treated as having incurred that loss. The succession provision was held not to displace the predecessor&#039;s statutory entitlement to set-off in these circumstances, so the loss relief was attributable to the original assessee and not to the later companies.</description>
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      <law>Income Tax</law>
      <pubDate>Thu, 24 Feb 1938 00:00:00 +0530</pubDate>
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