Set off of brought forward business loss & unabsorbed depreciation not available to ingenuine demerger

DCIT Vs Cummins Sales & Services (I) Ltd (ITAT Pune)

Held that benefit of carried forward business losses and unabsorbed dep. u/s. 72A available only if the amalgamation/demerger is genuine

Facts-

The respondent-assessee is engaged in the business of sale and services of diesel engines, its spare parts and related equipment. ROI was filed on 23.11.2006 declaring a total income of Rs.55,44,54,789/- which was revised on 28.10.2007 at a

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