Supreme Court · 2022 INSC 389 · Decided 5 April 2022

Principal Commissioner of Income Tax (Central) – 2 v. M/S. Mahagun Realtors (P) LTD.

Court
Supreme Court of India
Citation
2022 INSC 389 · [2022] 4 S.C.R. 502
Case number
CIVIL APPEAL No. 2716/2022
Decided
5 April 2022
Bench
UDAY UMESH LALIT, S. RAVINDRA BHAT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Companies Act Section 2(1A), 481, 394(2); Income Tax Act Section 2(1A), 2(31), 170(2)

Headnote

Income Tax Act, 1961 - ss. 2(1A), 2(31) and 170(2) - Amalgamation of companies - Effect of amalgamation in the context of income tax - Held: The combined effect of s.394(2) of the Companies Act, 1956, other provisions of the Income Tax Act, is that despite amalgamation, the business, enterprise and undertaking of the transferee or amalgamated company- which ceases to exist, after amalgamation, is treated as a continuing one, and any benefits, by way of carry forward of losses (of the

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