Amalgamation of Companies


24 October 2008 A company was incorporated in July 2004 . The company started Restaurant operations in the May 2005 .


The restaurant business was continued by the company till March 2008 . The Company has also exported frozen food to United Kingdom . Due to heavy operational cost the following losses as per income tax are accumulated .


Kindly advise if what conditions are to be fulfilled for claiming losses under Income tax Act in case we opt to merge this company into some other profitable company .


With regards

Sandeep Rohatgi
09868705794

25 October 2008 SEction 72A of the IT act deals with this exhaustively.

27 October 2008 Sir ,

Thanks for your reply , but if you can spare some time and elobrate the same it shall be more beneficial .

taxsolutions

30 October 2008 What specific area you have an issue?

01 November 2008 We are part of large Group

The Facts in the matter are

Our Group Company A has lend other group company B a unsecured loan of Rs 7 crores .Four years back

Company A was in resturant business and suffered heavy losses and at present Accumulated income tax loss is Rs 15 Crores . Since the company A left with no Funds to repay the amount to creditors .


Company B has no options just to outright purchase the business of company to adjust the loan outstanding .

How shall the company B shall reflect the business takeover of A as per Income tax .



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