Article
ITAT Mumbai: 'Demerger' Definition Fails Where Undertaking Is Demerged To WOS But Shares Issued By Its Holding Company
In the case of Sterling Holiday Resorts Limited1, while examining the conditions for a tax-neutral demerger
under the Income-tax Act, 1961 (IT Act), the Income-Tax Appellate Tribunal (Mumbai Bench) (ITAT) has,
inter alia, held that where the company receiving the demerged undertaking does not itself issue shares to
the shareholders of the demerged company, the transaction fails to satisfy the definition of "demerger" under
Section 2(19AA) of the IT Act, even if shares are issued by its 100% holding company.
Khaitan & Co LLP