Section 117: Treatment of accumulated losses and unabsorbed depreciation in scheme of amalgamation in certain cases

(a)

“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” (excluding losses of a 40 speculation business) which such amalgamating company or companies would have been entitled to carry forward and set off under section 112 had the amalgamation not occurred;

(b)

“banking company” shall have the same meaning as assigned to it in section 5(c) of the Banking Regulation Act, 1949;

(c)

“banking institution” shall have the same meaning as assigned to it in section 45(15) of the Banking Regulation Act, 1949;

(d)

“corresponding new bank” shall have the same meaning as assigned to it in section 2(d) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, or section 2(b) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980;

(e)

“general insurance business” shall have the same meaning as assigned to it in section 3(g) of the General Insurance Business (Nationalisation) Act, 1972;

(f)

“Government company” means a Government company as defined in section 2(45) of the Companies Act, 2013, engaged in the general insurance business and established under section 4 or 5 or 16 of the General Insurance Business (Nationalisation) Act, 1972;

(g)

“original predecessor entity” means predecessor entity in respect of the first amalgamation;

(h)

“strategic disinvestment” shall have the meaning assigned to it in section 116(3)(c);

(i)

“unabsorbed depreciation” means 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 entity, had the amalgamation not occurred.