Supreme Court · 2026 INSC 359 · Decided 13 April 2026
Aspinwall and CO. LTD. v. Inspecting Assistant Commissioner
- Court
- Supreme Court of India
- Citation
- 2026 INSC 359 · [2026] 5 S.C.R. 160
- Case number
- CIVIL APPEAL No. 7796/2012
- Decided
- 13 April 2026
- Bench
- RAJESH BINDAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 72A, 394, 394A; Income Tax Act Section 12, 54, 2(7), 2(20), 3, 48, 60
Headnote
Whether in terms of the provisions of Kerala Agricultural Income Tax Act, 1991, the amalgamated company as successor of the amalgamating company shall be entitled to set-off of the losses suffered. Kerala Agricultural Income Tax Act, 1991 - ss.12, 54 s.72A - A company named PRP amalgamated with the appellant company - The scheme of amalgamation was sanctioned in November 2006 - The appointed date was fixed as 01.01.2006 - There were accumulated losses in the balance sheet of amalgamating company - The issue
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