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[Cites 0, Cited by 5] [Section 38] [Entire Act]

Union of India - Subsection

Section 38(2) in Finance Act, 1999

(2)Notwithstanding anything contained in sub-section (1), the accumulated loss shall not be set off or carried forward and the unabsorbed depreciation shall not be allowed in the assessment of the amalgamated company unless the amalgamated company-
(i)holds continuously for a minimum period of five years from the date of amalgamation at least three-fourths in the value of assets of the amalgamating company acquired in a scheme of amalgamation;
(ii)continues the business of the amalgamating company for a minimum period of five years from the date of amalgamation;
(iii)fulfils such other conditions as may be prescribed to ensure the revival of the business of the amalgamating company or to ensure that the amalgamation is for genuine business purpose.