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carry forward and set off of losses

Others 785 views 1 replies

As per section 79 of the income tax  if there is change in 51% voting power as compared to previous year losses cannot be carried forward.

In the Accounting year 2006-07 the company has got loss of 1 crore-The company share capital is 500000 and Mr X is holding 70% and Mr Y is holding 30%.

In the year 2007-08 the share capital is increased to 2500000 and issued 2000000 to Mr z-Due to that the shareholding is changed to Mr x-14%, MrY-6% and Mr z 80%

Can we say change in share holding because if increase in capital will attract sec 70 and loss of  year 2006-07 not to be carried forward-

Any case laws are there

regards

joseph

 

Replies (1)
Anyhow as Per Section, you cannot carry forward loss due to 51 % Shareholders in value do not remain same


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