Section 73 amended by Finance (No. 2) Act, 2014 w.e.f. 1-4-2015 whereby for the words “the principal business of which is the business of banking”, the words “the principal business of which is the business of trading in shares or banking” has been substituted.
Section 78 : Sub-section (1) : In case of change in the constitution of the firm, the amount of proportionate loss of the retired or deceased partner which exceeds his share of profits shall not be allowed to be carried forward in the hands of the firm.
Sub-section (2) : Where any person carrying on business or profession is succeeded by another person otherwise than by inheritance, the benefit of carry forward of loss would not be available to the successor.
Section 79 : (a) In case of a company (not being a company in which public are substantially interested), where there is a change in the shareholding of the company, the loss shall be allowed to be carried forward only if beneficial owners of the shares entitled to 51% voting power are the same on the last day of the year in which loss is incurred and the relevant previous year.
(b) In case of start-up company (as referred in section 80-IAC), where there is a change in the shareholding of the company, the loss, limited to first seven years of company, shall be allowed to be carried forward only if beneficial owners of shares are same as on the last day of the year in which loss is incurred and the relevant previous year. (W.e.f. AY 2018-19 this Section is not applicable to a company where change in shareholding is pursuant to a resolution plan approved under Insolvency and Bankruptcy Code 2016 after affording reasonable opportunity of being heard to the Jurisdictional Principal Commissioner or Commissioner.)