{"id":11115,"date":"2020-04-03T13:46:04","date_gmt":"2020-04-03T13:46:04","guid":{"rendered":"http:\/\/itatonline.org\/digest\/vishwas\/amalgamation-conversion-of-firm-into-llp\/"},"modified":"2020-04-03T13:47:42","modified_gmt":"2020-04-03T13:47:42","slug":"amalgamation-conversion-of-firm-into-llp","status":"publish","type":"vishwas","link":"https:\/\/itatonline.org\/digest\/vishwas\/amalgamation-conversion-of-firm-into-llp\/","title":{"rendered":"Amalgamation &#8211; Conversion of firm into LLP"},"content":{"rendered":"<p>ABC Ltd has got merged into XYZ Ltd on 1 April 2010. Both the companies have pending litigation.<br \/>\na) Assuming both the companies have litigation for AY 2008-09 only. Whether for settlement for AY 2008-09, should all appeals of both the companies are to be considered together or both companies can file separate applications?<br \/>\nb) Assuming both the companies have multiple years in litigation. Will the answer be same as part a)<br \/>\nc) In case of death of a person or conversion of firm into LLP, whether same principle will apply?<br \/>\nd) In whose name and PAN declaration is to be filed, who could be signatory to sign the declaration, payment of disputed tax is made in whose name, how credit for prepaid taxes of amalgamating company be considered while computing disputed tax, etc.? Whether section 159 of the Income tax Act, 1961 (legal representative) will be applicable here?<\/p>\n","protected":false},"excerpt":{"rendered":"<p>ABC Ltd has got merged into XYZ Ltd on 1 April 2010. Both the companies have pending litigation. a) Assuming both the companies have litigation for AY 2008-09 only. Whether for settlement for AY 2008-09, should all appeals of both the companies are to be considered together or both companies can file separate applications? b) Assuming both the companies have multiple years in litigation. Will the answer be same as part a) c) In case of death of a person or conversion of firm into LLP, whether same principle will apply? d) In whose name and PAN declaration is to be filed, who could be signatory to sign the declaration, payment of disputed tax is made in whose name, how credit for prepaid taxes of amalgamating company be considered while computing disputed tax, etc.? Whether section 159 of the Income tax Act, 1961 (legal representative) will be applicable here?<\/p>\n<p><a href=\"https:\/\/itatonline.org\/digest\/vishwas\/amalgamation-conversion-of-firm-into-llp\/\">read more<\/a><\/p>","protected":false},"comment_status":"open","ping_status":"closed","template":"","tags":[],"expertname":[7],"class_list":["post-11115","vishwas","type-vishwas","status-publish","hentry","expertname-ca-rajan-vora"],"acf":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/vishwas\/11115","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/vishwas"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/vishwas"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=11115"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=11115"}],"wp:term":[{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=11115"},{"taxonomy":"expertname","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/expertname?post=11115"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}