Loss availment in case of take over

This query is : Resolved 

09 June 2023 A private limited company had decided to take over an llp which have huge amount of carry forwarded losses. In this case, is the private limited company can avail the loss of llp

10 June 2023 No, it's not allowed.
You may Refer Section 79. According to the Section if 51% of the shareholders are not the same, carry forward of losses will not be allowed.


10 June 2023 Is this case the private limited have 51% stake in LLP

10 June 2023 LLP merger with company is not allowed. In case of merger only carry forward of loss of LLP allowed.


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