CIT v. KBD Sugar & Distilleries Ltd. (2022) 220 DTR 483 / 144 taxmann.com 38 (Karn) (HC)

S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation – Amalgamation – Demerger – [ S. 2(19AA) ]

Where assessee was denied set-off of brought forward losses of a demerged unit under section 72A on pretext that it was not sold as a going concern and did not satisfy demerger defined under section 2(19AA), it would be incongruous to construe sub-clause (vi) of section 2(19AA) as to mean a running unit and, therefore, impugned denial of benefit of section 72A was unjustified (AY.2007 -08 )