ACIT v. Padma Logistics and Khanij Pvt. Ltd. (2020) 81 ITR 61/ 183 ITD 891/208 TTJ 67 (Kol) (Trib)

S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation – Amalgamation – revised return after order form High Court – Entitled to set off and carry forward of accumulated losses and unabsorbed depreciation [ S.2(19AA) , 32(2) ,72A(4) , 139(3) ]

AO rejected the revised return and held that the   assessee is not entitle to   Carry forward and set off of accumulated loss and unabsorbed depreciation. CIT (A) allowed the claim of the assessee .On appeal the Tribunal held that all the conditions stated in S.  72A(4) read with S.  2(19AA) had been fulfilled. Since the assessee met all the requirements contained in the Act all the carried forward losses and unabsorbed depreciation in respect of the vortal undertaking were transferred, pursuant to S.  72A(4) from the demerged company) to the resulting company with effect from the appointed date, i. e., March 1, 2010. The claim of the assessee was in accordance with law and the Assessing Officer erred in refusing to consider the revised return and the Commissioner (Appeals) had rightly allowed the claim of the assessee.  Followed  Dalmia power Ltd  v. ACIT ( 2020) 420 ITR 339 (SC) ( AY.2010-11)