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ITA 1961 → DTC 2025Set off and Carry Forward

Section 79 Section 99

Carry forward and set off of losses in case of certain companies

RetainedCritical - Protects startup valuations and VC funding rounds from destroying accumulated tax losses.

Quick Answer

Section 79 of the Income Tax Act, 1961 (Carry forward and set off of losses in case of certain companies) corresponds to Section 99 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective 1st April 2026. Status: Retained.

Old Law (ITA 1961)Ch: VI

Sec 79

Provision Summary

Closely held companies cannot carry forward losses if there is a change in shareholding of more than 49% (i.e., less than 51% original voting power remains).

New Law (DTC 2025)Ch: X

Sec 99

Provision Summary

Retained. Startups (DPIIT recognized) are granted massive leniency—they can carry forward losses even if shareholding changes, provided all original shareholders continue to hold their shares.

Key Changes & Highlights

  • Integration with DPIIT database ensures eligible startups automatically bypass the 51% restriction rule.

Frequently Asked Questions

What does Section 79 of the Income Tax Act 1961 deal with?

Section 79 (Carry forward and set off of losses in case of certain companies) Closely held companies cannot carry forward losses if there is a change in shareholding of more than 49% (i.e., less than 51% original voting power remains).

What is the new section number for Section 79 under the Direct Tax Code 2025?

Section 79 of the ITA 1961 maps to Section 99 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective from 1st April 2026.

What is the status of Section 79 under the new tax code?

Section 79 is marked as "Retained" with status "Modified". Impact: Critical - Protects startup valuations and VC funding rounds from destroying accumulated tax losses.

What are the key changes to Section 79 under DTC 2025?

Integration with DPIIT database ensures eligible startups automatically bypass the 51% restriction rule.

Disclaimer: This page is for educational and reference purposes only. Section mappings are based on publicly available drafts and circulars. Always consult a qualified Chartered Accountant before filing or making compliance decisions under the Direct Tax Code 2025.

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