income tax waiver for a sick company or setoff of old liabilities income tax waiver for a sick company or setoff of old liabilities

3 years ago

There was company who had income tax liability due to Section 43 B. The taxes were not paid on time and hence there was income tax liability in 2008-09. The company went in losses and became
sick in 2011-12. The company had huge brought forward losses as on date. is there any provision of waiver of Income tax liability as it is a sick company. Is there any provision to setoff the old liability with brought forward losses. Please suggest Any other suitable remedy also.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
We will need more details to determine whether you qualify for any waiver. If you are a shareholder trying to recover your investment, you can approach the Company Law Tribunal or the insolvency professionals.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
You cannot set off the liability with losses. The company can file for bankruptcy.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMoney recovery
Dear Client, In the absence of any documentary evidence supporting your claim against the person to whom you transferred the money digitally, recovery of said money is not feasible even through litiga...
question iconPg owner
Dear Client, Owner of the PG is imposing restrictions without proper legal basis. Since there's no formal agreement signed by you detailing any rules or regulations, the owner's demands may not hol...
question iconTransfer of Property to the partnership firm through Will
Dear Client If the assets or properties of your father are self acquired property then as per the law he can dispose/transfer the property to anyone he wishes to in any of of the mode. He can will it,...
question iconCycle repairing shopkeeper didn't give bill receipts after replacing tyre
Dear Client, You can escalate your grievance against the shopkeeper before the concerned mediation cell of the Consumer Affairs Deptt. formed by the State Govt to redress the grievances of the consume...
question iconMis diagnosed and wantedly do the surgery sonmany times
Dear client, you can file a complaint of medical negligence under criminal law, consumer protection law and tort law. The complaint can be filed under sec 304A, 336,337 and 338 of indian penal code. Y...