Insertion of new section 72AA

Section 19 of the Finance Act, 2005 deals with insertion of new section 72AA. Insertion of new section 72AA. 19. After section 72A of the Income-tax Act, the following section shall be inserted, namely:— ‘72AA. The Act was enacted on 13 May 2005.

Insertion of new section 72AA.

19. After section 72A of the Income-tax Act, the following section shall be inserted, namely:—

‘72AA. Provisions relating to carry forward and set-off of accumulated loss and unabsorbed depreciation allowance in Scheme of amalgamation of banking company in certain cases. — Notwithstanding anything contained in sub-clauses (i) to (iii) of clause ( 1B) of section 2 or section 72A, where there has been an amalgamation of a banking company with any other banking institution under a scheme sanctioned and brought into force by the Central Government under sub-section (7) of section 45 of the Banking Regulation Act, 1949 (10 of 1949), the accumulated loss and the unabsorbed depreciation of such banking company shall be deemed to be the loss or, as the case may be, allowance for depreciation of such banking institution for the previous year in which the scheme of amalgamation was brought into force and other provisions of this Act relating to set-off and carry forward of loss and allowance for depreciation shall apply accordingly.

Explanation.—For the purposes of this section,—

(i ) "accumulated loss" means so much of the loss of the amalgamating banking company under the head "Profits and gains of business or profession" (not being a loss sustained in a speculation business) which such amalgamating banking company, would have been entitled to carry forward and set-off under the provisions of section 72 if the amalgamation had not taken place;

(ii ) "banking company" shall have the same meaning assigned to it in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949);

(iii ) "banking institution" shall have the same meaning assigned to it in sub-section (15) of section 45 of the Banking Regulation Act, 1949 (10 of 1949);

( iv) "unabsorbed depreciation" means so much of the allowance for depreciation of the amalgamating banking company which remains to be allowed and which would have been allowed to such banking company if amalgamation had not taken place.’.

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Section 19, The Finance Act, 2005 (Act 18 of 2005).