Section 79 of the Income-Tax Act, 1961 – Remedial measure taken by Revenue’s since objections to Merger/Amalgamation/Demerger/Reconstruction Scheme of Companies not entertained by High Courts.

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..... mation, it was noted that the scheme of amalgamation was designed seeking amalgamation with retrospective dates so as to claim set off of losses of loss-making Companies against the profits of profit making Companies of the group and thus impacting adversely the much needed public revenue. This fact of proposed amalgamation was not brought to the notice of Income Tax Department either by the Minis .....

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..... ing prejudicial to public interest. It has further been said that the Regional Directors would invite specific comments from the Income Tax Department within 15 days of receipt of notice before filing response to the Court. It is emphasised that this is the only opportunity with the Department to object to the scheme of amalgamation if the some is found prejudicial to the interest of Revenue and t .....

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