Section 116: Treatment of accumulated losses and unabsorbed depreciation in amalgamation or demerger, etc

Section 116: Treatment of accumulated losses and unabsorbed depreciation in amalgamation or demerger, etc · Complied AI

(13)

In this section,—

(a)

“accumulated loss” means so much of the loss of the predecessor firm or the proprietary concern or the private company or unlisted public company before conversion into limited liability partnership or the amalgamating company or the demerged company, under the head “Profits and gains of business or profession” (excluding loss in a speculation business) which would have been eligible for carry forward and set off to such predecessor under section 112, had the reorganisation of business or conversion or amalgamation or demerger not occurred.

(b)

“industrial undertaking” means any undertaking which is engaged in— (i) the manufacture or processing of goods; or (ii) the manufacture of computer software; or (iii) the business of generation or distribution of electricity or any other form of power; or (iv) the business of providing telecommunication services, whether basic or cellular, including radio paging, domestic satellite service, network of trunking, broadband network and internet services; or (v) mining; or (vi) the construction of ships, aircrafts or rail systems;

(c)

“original predecessor entity” means predecessor entity in respect of the first amalgamation for sub-section (1) or first business reorganisation for sub-sections (8) and (10), as the case may be.

(d)

“specified bank” means the State Bank of India constituted under the State Bank of India Act, 1955 or a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980;

(e)

“unabsorbed depreciation” means so much of the allowance for depreciation of the predecessor firm or the proprietary concern or the private company or unlisted public company before conversion into limited liability partnership or the amalgamating company or the demerged company, which remains to be allowed and which would have been allowed to such predecessor under this Act, had the reorganisation of business or conversion or amalgamation or demerger not occurred.