Income-tax Act, 1961

Section - 79 - Carry forward and set off of losses in case of certain companies

Carry forward and set off of losses in case of certain companies.

79. (1) Notwithstanding anything contained in this Chapter, where a change in shareholding has taken place during the previous year in the case of a company, not being a company in which the public are substantially interested, no loss incurred in any year prior to the previous year shall be carried forward and set off against the income of the previous year, unless on the last day of the previous year, the shares of the company carrying not less than fifty-one per cent of the voting power were beneficially held by persons who beneficially held shares of the company carrying not less than fifty-one per cent of the voting power on the last day of the year or years in which the loss was incurred:

Provided that even if the said condition is not satisfied in case of an eligible start-up as referred to in section 80-IAC, the loss incurred in any year prior to the previous year shall be allowed to be carried forward and set off against the income of the previous year if all the shareholders of such company who held shares carrying voting power on the last day of the year or years in which the loss was incurred, continue to hold those shares on the last day of such previous year and such loss has been incurred during the period of ⁷⁶[ten] years beginning from the year in which such company is incorporated.

(2) Nothing contained in sub-section (1) shall apply,-

(a)

to a case where a change in the said voting power and shareholding takes .... To read the full section download the app from Google Play store