Carry forward and set off of accumulated loss and unabsorbed depreciation allowance in scheme of amalgamation in certain cases [Section 72AA ] - Income Tax - Ready Reckoner - Income Tax

Carry forward and set off of accumulated loss and unabsorbed depreciation allowance in scheme of amalgamation in certain cases [ Section 72AA ] Notwithstanding anything contained in sub-clauses (i) to (iii) of section 2(1B) or section 72A, where there has been an amalgamation of (i) one or more banking company with (a) any other banking institution under a scheme sanctioned and brought into force by the Central Government under section 45(7) the Banking Regulation Act, 1949; or (b) any other banking institution or a company subsequent to a strategic disinvestment , wherein the amalgamation is carried out within a period of five years from the end of the previous year during which such strategic disinvestment is carried out; or (ii) one or more corresponding new bank or banks with any other corresponding new bank under a scheme brought into force by the Central Government under section 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 or under section 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 or both, as the case may be; or (iii) one or more Government company or companies with any other Government company under a scheme sanctioned and brought into force by the Central Government under section 16 of the General Insurance Business (Nationalisation) Act, 1972, the accumulated loss and the unabsorbed depreciation of such banking company or companies or amalgamating corresponding new bank or banks or amalgamating Government company or companies shall be deemed to be the loss or, as the case may be, allowance for depreciation of such banking institution or company or amalgamated corresponding new bank or amalgamated Government company for the previous year in which the scheme of amalgamation was brought into force and other provisions of this Act relating to set off and carry forward of loss and allowance for depreciation shall apply accordingly . [Provided that where any scheme of such amalgamation is brought into force on or after the 1st April, 2025, any loss forming part of the accumulated loss of the predecessor entity, being (a) the banking company or companies; or (b) the amalgamating corresponding new bank or banks; or (c) the amalgamating Government company or companies, as the case may be, which is deemed to be the loss of the successor entity, being (i) the banking institution or company; or (ii) the amalgamated corresponding new bank or banks; or (iii) the amalgamated Government company or companies, as the case may be, shall be carried forward in the hands of the successor entity for not more than eight assessment years immediately succeeding the assessment year for which such loss was first computed for original predecessor entity. W.e.f. 01.04.2026 Inserted vide Section 15 of the Finance Act, 2025 ] For the purposes of this section,- (i) accumulated loss means so much of the loss of the amalgamating banking company or companies or amalgamating corresponding new bank or banks or amalgamating Government company or companies under the head Profits and gains of business or profession (not being a loss sustained in a speculation business) which such amalgamating banking company or companies or amalgamating corresponding new bank or banks or amalgamating Government company or companies, would have been entitled to carry forward and set off under the provisions of section 72, if the amalgamation had not taken place; (ii) banking company shall have the meaning assigned to it in section 5(c) of the Banking Regulation Act, 1949; (iii) banking institution shall have the meaning assigned to it in section 45(15) of the Banking Regulation Act, 1949; (iv) corresponding new bank shall have the meaning assigned to it in section 2(d) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 or, as the case may be, section 2(b) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980; (v) general insurance business shall have the meaning assigned to it in section 3(g) of the General Insurance Business (Nationalisation) Act, 1972; (vi) Government company means a Government company as defined in section 2(45) of the Companies Act, 2013, which is engaged in the general insurance business and which has come into existence by operation of section 4 or section 5 or section 16 of the General Insurance Business (Nationalisation) Act, 1972; (via) strategic disinvestment shall have the meaning assigned to it in clause (iii) of the Explanation to section 72A(1)(d); ] strategic disinvestment means sale of shareholding by the Central Government or any State Government or a public sector company, in a public sector company or in a company, which results in (a) reduction of its shareholding to below fifty-one per cent.; and (b) transfer of control to the buyer: Provided that the condition laid down in sub-clause (a) shall apply only in a case where shareholding of the Central Government or the State Government or the public sector company was above fifty-one per cent. before such sale of shareholding: Provided further that requirement of transfer of control referred to in sub-clause (b) may be carried out by the Central Government or the State Government or the public sector company or any two of them or all of them. (vii) unabsorbed depreciation means so much of the allowance for depreciation of the amalgamating banking company or companies or amalgamating corresponding new bank or banks or amalgamating Government company or companies which remains to be allowed and which would have been allowed to such banking company or companies or amalgamating corresponding new bank or banks or amalgamating Government company or companies, if the amalgamation had not taken place. (viii) original predecessor entity means predecessor entity in respect of the first amalgamation. [ Inserted vide Section 15 of the Finance Act, 2025 ]