6Tax exemption or benefit to continue to have effect
(1) Where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward, as the case may be, of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to a corporation under the Income-tax Act, 1961 (43 of 1961), such exemption, assessment or benefit shall continue to have effect in relation to the company in which the undertaking of that corporation has vested.
(2) Where any payment made by a corporation is exempt from deduction of the tax at source under any provision of the Income-tax Act, 1961 (43 of 1961), the exemption from tax will continue to be available as if the provisions of the said Act made applicable to the corporation were operative in relation to the company in which the undertaking of that corporation has been vested.
(3) The transfer and vesting of the undertaking or any part thereof in terms of section 3 shall not be construed as a transfer within the meaning of the Income-tax Act, 1961 (43 of 1961) for the purposes of capital gains.
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- 1 Short title and commencement
- 2 Definitions
- 3 Undertakings of corporations to vest in companies
- 4 General effect of vesting of undertakings in the companies
- 5 Licences, etc., to be deemed to have been granted to companies
- 6 Tax exemption or benefit to continue to have effect
- 7 Guarantee to be operative
- 8 Provisions in respect of officers and other employees of corporations
- 9 Power of Central Government to give directions
- 10 Power to remove difficulties
- 11 Repeal of Act 27 of 1953 and cesser of corporations
- 12 Repeal and saving