Nothing in this material world is immortal. One born is sure to die. The only things certain in life are death and taxes. This is equally applicable to companies as well. A company loses its perpetual existence when it is dissolved. The Companies Act, 2013 (Act) provides for various modes by which a company can be dissolved such as striking off, winding up, amalgamation etc.
A partnership firm can participate in a scheme of amalgamation only after converting itself into a company under section 366 of the Act. Since the vesting of properties and liabilities of such partnership firm to the company is by operation of law [Section 368 of the Act], the succession is exempt from capital gains tax pursuant to the provisions of section 47(xiii) of the Income Tax Act, 1961
