Taxation in case of takeover of partnership firm into compan

This query is : Resolved 

21 December 2012 Dear Sir/ Madam,
I am working with a company which is a partnership firm and they incorporated a pvt ltd company both are in delhi. now they want to merge both company and the firm. so can any body tell me how they can do that, under which section and what will be the tax effect

21 December 2012 In case of the succession of the firm by a company and 100% assets and liability of the firm is taken over by the company and the partners of the firm become shareholders of the company in the same ratio as they have in partnership.. no tax under Income Tax Act shall be levied...as the same shall not be regarded as transfer...

22 December 2012 Thanks yogesh,
Now i want to know whether your answer is relevant in case both Firm and Company which are to me takenover, are running parellaly for 1 year.

22 December 2012 My answer is based on the assumption that it is a takeover of 100% not partial. Then parallel running of business not possible...


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