Section 21:
Provisions with respect to income-tax and surtax.
(1) The Integral Company shall be liable to
pay any sum under the provisions of the Income-tax Act or the Companies (Profits) Surtax Act which any
dissolved company would have been liable to pay if the dissolution had not taken place, in the like
manner and to the same extent as the dissolved company.
(2) For the purpose of making an assessment of the income or, as the case may be, the chargeable
profits of any dissolved company any for the purpose of levying any sum in accordance with the
provisions of sub-section (1),--
(a) any proceeding taken against any dissolved company before the appointed day shall be
deemed to have been taken against the Integral Company and may be continued against the Integral
Company from the stage at which it stood immediately before the appointed day;
(b) any proceeding which could have been taken against any dissolved company if the dissolution
had not taken place, may be taken against the Integral Company; and
(c) all the provisions of the Income-tax Act or, as the case may be, the Companies (Profits) Surtax
Act shall apply accordingly.
(3) The assessment of the income or, as the case may be, the chargeable profits of the previous year
of any dissolved company in which the dissolution took place up to the appointed day shall be made as if
such dissolution had not taken place, and all the provisions of the Income-tax Act and the Companies
(Profits) Surtax Act shall, so far as may be, apply accordingly.
(4) The transfer to, and vesting in, of the undertaking of any dissolved company in the Integral
Company under the provisions of this Act shall be deemed to be an amalgamation in relation to such
companies and the provisions of the Income-tax Act shall, so far as may be, apply accordingly as if
references in the said Act to the amalgamating company and the amalgamated company were references
to the dissolved company and the Integral Company respectively.
(5) Where any capital asset forming part of any undertaking belonging to the transferred unit or, as
the case may be, the Hindustan Steel Limited is, in pursuance of section 5 or section 6 or section 7,
transferred to, and vests in, the Integral Company or the Bharat Refractories Limited or, as the case may
be, the Metallurgical and Engineering Consultants (India) Limited, such capital asset shall be deemed to
have been transferred in a scheme of amalgamation and the provisions of the Income-tax Act shall, so far
as may be, apply accordingly as if references in the said Act to the amalgamating company were
references to the transferred unit or, as the case may be, the Hindustan Steel Limited and the references to
the amalgamated company, being an Indian company, were references to the Integral Company or the
Bharat Refractories Limited or, as the case may be, the Metallurgical and Engineering Consultants (India)
Limited.
(6) The accumulated loss and the unabsorbed depreciation, if any, of any dissolved company shall be
deemed to be the loss or, as the case may be, allowance for depreciation of the Integral Company for the
previous year in which the undertaking of the dissolved company vested in the Integral Company, and the
provisions of the Income-tax Act relating to set off and carry forward of loss and allowance for
depreciation shall apply accordingly.
(7) The provisions of sub-sections (1) to (6) shall have effect notwithstanding anything to the contrary
contained in the Income-tax Act or the Companies (Profits) Surtax Act.
Explanation.--For the purposes of this section,--
(a) "Income-tax Act" means the Income-tax Act, 1961 (43 of 1961);
(b) "Companies (Profits) Surtax Act" means the Companies (Profits) Surtax
Act, 1964 (7 of 1964);
(c) words and expressions used in this section and not defined in this Act but defined in the
Income-tax Act or the Companies (Profits) Surtax Act shall have the meanings respectively assigned
to them in the said Acts.