Clause 53 - Amendment of section 170 - Finance Bill, 2022

Amendment of section 170. 53. In section 170 of the Income-tax Act, (i) after sub-section (2), the following sub-section shall be inserted, namely: (2A) Notwithstanding anything contained in subsections (1) and (2), where there is a business reorganisation, the assessment or reassessment or other proceedings, made on the predecessor during the course of pendency of such reorganisation, shall be deemed to have been made on the successor and all the provisions of this Act shall, so far as may be, apply accordingly. Explanation. For the purposes of this sub-section, the expressions, (i) business reorganisation means the reorganisation of business involving the amalgamation or de-merger or merger of business of one or more persons; (ii) pendency means the period commencing from the date of filing of application for such reorganisation of business before the High Court or tribunal or the date of admission of an application for corporate insolvency resolution by the Adjudicating Authority as defined in clause (1) of section 5 of the Insolvency and Bankruptcy Code, 2016 [31 of 2016] and ending with the date on which the order of such High Court or tribunal or such Adjudicating Authority, as the case may be, is received by the Principal Commissioner or the Commissioner. ..