Section 72A(6A)

Section 72A(6A) — the law in short

What the courts have decided on section 72A(6A), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.

• ACIT v Celerity Power LLP ITATHelps taxpayerValidity unconfirmed
  My company converted into an LLP and never met all the s.47(xiiib) conditions. The AO has taxed the capital gain in the LLP's hands under s.47A(4). Can he do that in the very year of conversion?
  No. s.47A(4) is a withdrawal provision: it operates only to take back an exemption that was actually availed under s.47(xiiib), and cannot be used to test eligibility in the year of the conversion itself. Where the conditions were never satisfied there is a transfer, but the gain is chargeable under s.45 read with s.5 in the hands of the transferor company, not deemed into the successor LLP by s.47A(4) — though the LLP remains exposed as a successor under s.170.
• Statutory position — s.72A(6B): inserted by the Finance Act, 2025 with effect from 1 April 2026, an inherited business loss runs only eight assessment years from the year it was first computed for the original predecessor entity, for any reorganisation effected on or after 1 April 2025 CBDT Circulars & InstructionsCuts both ways
  We are planning an amalgamation this year and the target has losses that are already several years old. Does the eight-year clock restart in our hands?
  No — not for an amalgamation or business reorganisation effected on or after 1 April 2025. Sub-section (6B) of section 72A provides that where any amalgamation or business reorganisation is effected on or after that date, any loss forming part of the accumulated loss of the predecessor entity under sub-section (1), (6) or (6A) which is deemed to be the loss of the successor entity shall be carried forward in the successor's hands for not more than eight assessment years immediately succeeding the assessment year for which such loss was first computed for the original predecessor entity. "Original predecessor entity" is defined in s.72A(7)(ab) as the predecessor entity in respect of the FIRST amalgamation under sub-section (1) or the first business reorganisation under sub-section (6) or (6A). Sub-section (6B) and the definition in s.72A(7)(ab) were inserted by the Finance Act, 2025 (Act No. 7 of 2025) with effect from 1 April 2026, so the provision first governs assessment year 2026-27 — which is the first assessment year in which a reorganisation effected on or after 1 April 2025 can fall, the two dates dovetailing exactly.

Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.