A company was merged by a scheme of amalgamation. Amalgamated company claimed set off of losses of amalgamating company against its profits. Assessing Officer disallowed same. Tribunal allowed the claim. Allowing the appeal of the revenue the Court held Tribunal had not adverted to fact that whether assessee had complied with conditions laid down in section 72A(2) which were mandatory so as to enable assessee to claim benefit of set off under section 72A. Accordingly the order of Tribunal was to be set aside and matter was to be remanded back to Tribunal for fresh examination. (AY. 2008-09)
CIT v. Indus Fila Ltd. (2020) 275 Taxman 403 (Karn.)(HC)
S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation-Amalgamation-Matter remanded to verify whether conditions laid down in section 72A(2) which are mandatory. [S. 72A(2)]