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“resulting company”

Mergers & RestructuringSection 2(41A)Section 2(41A)236 judgments

The decision most relied on for resulting company is Punjab State Industrial Development Corporation Ltd. v. CIT (225 ITR 792), cited in 158 judgments on BharatTax.

Leading authorities on resulting company

Punjab State Industrial Development Corporation Ltd. v. CIT
225 ITR 792 · 1997 · Supreme Court
158
citing judgments

Expenditure incurred for increasing a company's share capital, such as expenses related to issuing shares or an initial public offering (IPO), is capital expenditure. Such expenses are not allowable as a revenue deduction under Section 37, even if they incidentally benefit the business, because they result in an increase in capital.

Spice Infotainment Ltd. v. CIT
247 CTR 500 · 2012 · High Court
114
citing judgments

An assessment framed in the name of a company that has ceased to exist due to amalgamation is invalid, even if the amalgamated company participated in the proceedings. Such a defect cannot be cured under section 292B of the Income-tax Act.

Indo Rama Synthetics (I) Ltd. v. CIT
330 ITR 363 · 2011 · Supreme Court
74
citing judgments

For Minimum Alternate Tax (MAT) under Section 115JB, the book profit must reflect the true working results of the company. Capital receipts that are not income cannot be included in book profit, and adjustments based on notes on accounts can be made to arrive at the real profit.

Commissioner of Income-tax v. Motor Industries Company Limited
223 ITR 112 · 1997 · High Court
64
citing judgments

The issuance of bonus shares by capitalizing profits does not result in an increase in the company's capital employed or an expansion of its profit-making apparatus.

DIT v. E-Funds IT Solution
364 ITR 256 · 2014 · High Court
61
citing judgments

A subsidiary is an independent legal entity, and the mere relationship of holding-subsidiary or control by itself does not result in a Permanent Establishment (PE) for the foreign company in India, whether it be a fixed place PE or a dependent agent PE, even when the subsidiary provides outsourced services.

CIT v. Smifs Securities Ltd.
87 Taxmann.com 82 · 2017 · High Court
38
citing judgments

Depreciation is allowable on goodwill as an intangible asset under Section 32(1)(ii) when it arises from a scheme of amalgamation or similar corporate restructuring.

CIT v. Bombay Dyeing and Manufacturing Co. Ltd.
219 ITR 521 · 1996 · Supreme Court
28
citing judgments

Expenses incurred on amalgamation, legal and professional fees, and contributions to a State Housing Board for worker tenements are considered revenue expenditure, not capital expenditure. This is because these expenditures do not result in an enduring benefit and are part of the company's operational costs.

8.Ace Multi Axes System Ltd. v. Deputy Commissioner of Income Tax
367 ITR 266 · 2014 · High Court
26
citing judgments

The eligibility for deductions under sections 80-IB and 80-IA, and related issues like the initial assessment year, demerger, and resulting company status, are significant considerations in the context of company restructuring and tax benefits.

Judgments citing resulting company

Indus Cityscapes, Chennai vs. DCIT Corporate Circle 2 (2), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 1226/CHNY/2018[2008-09]Status: DisposedITAT Chennai16 Sept 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1226/Chny/2018 िनधा"रण वष"/Assessment Year: 2008-09 M/S. Indus Cityscapes Constructions Vs. The Deputy Commissioner Of Pvt. Ltd., No. 5-C, Ega Trade Centre, Income Tax, 809, Poonamalle High Road, Kilpauk, Corporate Circle 2(2), Chennai 600 010. Chennai. [Pan:Aabci2175A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, Ca ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 06.09.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 आदेश /O R D E R Per V. Durga Rao: The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-13, Chennai Dated 06.12.2017 Relevant To The Assessment Year 2008-09. 2. Facts Are, In Brief, That The Assessee Company Is Carrying Real Estate, Construction & Related Activities, Filed Return Of Income For The Assessment Year 2008-09 On 30.09.2008 Declaring A Total Income Of ₹.84,76,260/- & The Same Was Processed Under Section 143(1) Of The 2

For Appellant: Shri T. Banusekar, CAFor Respondent: Shri D. Hema Bhupal, JCIT
Section 143(1)Section 143(3)Section 148Section 41(1)

firm carrying on a business or profession is succeeded by another firm, the other firm;] (iv) where there has been a demerger, the resulting company.] [(2) Where any building, machinery, plant or furniture,- (a) which is owned by the assessee; (b) in respect of which depreciation is claimed under clause

Pr. CIT Circle-2, Mumbai vs. Bharat Prtroleum Corporation Ltd., Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1601/MUM/2020[2016-17]Status: DisposedITAT Mumbai05 Sept 2022AY 2016-17

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1601/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2016-17) Bharat Petroleum बिधम/ Pcit, Circle-2 Corporation Ltd. Room No.344, Aayakar Vs. Taxation Section, Bhavan, M. K. Road, 4Th Floor, Bharat Bhavan 1, Mumbai-400020. 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai- 400001. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacb2902M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jehangir D. Mistry Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 28/06/2022 घोषणा की तारीख /Date Of Pronouncement: 05/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Has Been Preferred By The Assessee Against The Order Of The Ld. Principal Commissioner Of Income Tax-02 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 21.02.2020 For Assessment Year [Hereinafter Referred To As “Ay”] 2016-17 Passed Under Section 263 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”].

For Appellant: Shri Jehangir D. MistryFor Respondent: Dr. Mahesh Akhade (DR)
Section 10(34)Section 142(1)Section 143(3)Section 2Section 263Section 32A

period of five years from the date of its installation, the provisions of sub-section (2) shall apply to the amalgamated company or the resulting company, as the case may be, as they would have applied to the amalgamating company or the demerged company. (4) For the purposes of this