ACIT v. Padma Logistics & Khanij (P.) 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-Demerger-Demerged company would be allowed to be carried forward and set off in hands of resulting company. [S. 2(19AA)]

Dismissing the appeal of the revenue the Tribunal held that  scheme  demerger was duly approved by High Courts at Calcutta and Bombay   all carried forward losses and unabsorbed depreciation in respect of Vortal Undertaking were transferred from demerged company SYK to assessee being resulting company  as per section 2(19AA) of the Act,  eligible accumulated loss and allowance for unabsorbed depreciation of demerged company would be allowed to be carried forward and set off in hands of resulting company. (AY. 2010-11)