Assessee is engaged in providing healthcare services. It had two shareholders, viz.,Forties Health care Ltd (FHL) and Forties Heath Care Holdings (P) Ltd (FHHPL). During year, assessee issued equity shares at premium to FHL which resulted in change in share holding pattern between both shareholders i.e., holding of FHL increased to 85 per cent while holding of FHHPL got reduced to 15 per cent. It had claimed set-off of brought forward losses. Assessing Officer held that change in shareholding pattern between two shareholders would be hit by provisions of section 79. Accordingly, he rejected claim of set-off of brought forward losses. Tribunal held that both shareholders, as a group, had beneficially held 51 per cent of voting power in year in which loss was incurred and year in which loss was sought to be set-off. Further, it was noticed that FHHPL was holding company of FHL. Since there was no change in shareholding pattern of group and increase in shareholding of FHL, in any case, would not result in change in voting power of shareholders, provisions of section 79 would not be applicable and, therefore, Assessing Officer is  directed to allow set-off brought forward losses. (AY. 2012-13, 2013-14)