Query in acquisition of a company.

Sumeet (CA Final) (110 Points)

14 March 2012  

A Pvt. Ltd. and B Pvt. Ltd. are two different cos. Both are in different type of industry.

A Pvt. Ltd. is going on very well in its business and its last year profit is around 10 million rupees whereas B Pvt. Ltd. does not do anything however few years ago, B Pvt. Ltd. was operative and was incurring losses every year. In last 5 years, B Pvt. Ltd. has a brought forward loss of 15 million.

Now A Pvt. Ltd. wants to acquire B Pvt. Ltd. so that the former can take the benefit of brought forward losses of the latter while paying the tax.

Is it valid as per Income Tax? 

And can A Pvt. Ltd. can adjust the b/f loss of B Pvt. Ltd. in its Gross Total Income?