Set Off & Carry Forward of Losses: Lecture Notes
Set Off & Carry Forward of Losses: Lecture Notes
Lecture Notes
1
WHY SET OFF & CARRY FORWARD
IF THERE IS A LOSS FROM ONE OR MORE
SOURCES UNDER ONE OR MORE HEADS
OF INCOME
2
MODE OF SET OFF & CARRY FORWARD
STEP 1- INTER SOURCE ADJUSTMENT UNDER
THE SAME HEAD OF INCOME (SEC 70)
3
INTER SOURCE ADJUSTMENT (SEC 70)
If there is a loss in respect of any source under
any head of income for any Asst year then it can
be set off under any other source under the same
head
EXAMPLES
Business A 100000 House Property X 75000
Business B 70000 House Property Y (40000)
Business C (120000)
Net Result 35000
Net Result 50000
4
INTER SOURCE ADJUSTMENT (SEC 70)
EXCEPTIONS:-
Loss from speculation business
race horses
Loss cannot be set off against winnings from
5
INTER HEAD ADJUSTMENT (SEC 71)
When there is loss in respect of any head of
income for any assessment year then it can
be set off against income from other heads
EXAMPLE
Salary Income 80000
House Property (30000)
6
INTER HEAD ADJUSTMENT (SEC 71)
EXCEPTIONS:-
Loss in a speculation business
horses
Loss cannot be set off against winnings from
Income
7
OTHER POINTS
Before adjusting loss u/s 71, one has to set off the loss
u/s 70
Barring aforesaid four cases, any loss can be set off
against income under other heads of income for the
same year.
No order of priority is given in the Act.
(Barring the cases in sec 71) In all other cases a loss
has to be first adjusted against available income under
other heads of income.
If Income from a particular sources is exempt from Tax
- loss from such source cannot be set off against
income chargeable to tax.
8
1. Rs.
Income from house property 170000
Profits & Gains of B or P (150000)
14
OTHER POINTS TO BE NOTED
Banned items
Entered into on behalf of principal – non
speculative loss of agent.
16
CARRY FORWARD OF UNABSORBED
DEPRECIATION (Sec 32(2))
No time limit is fixed for the purpose of carry
forward.
In the subsequent year(s) it can be set off against
any head. except winnings from lotteries,
crossword puzzles.
Continuity of business not relevant.
Following order of priority is followed.
(1) Current Depreciation
(2) Brought Forward Business loss
(3) Unabsorbed Depreciation
17
CARRY FORWARD & SET OFF OF
LOSS & DEPRECIATION SEC (72A)
Depreciation and Business loss can be
carried forward by a person who has
incurred the loss
Exceptions-
Amalgamation of Companies
Demerger
Conversion of a proprietary concern/firm
into company
18
CARRY FORWARD & SET OFF OF LOSS
FROM HOUSE PROPERTY (SEC 71B)
19
CARRY FORWARD & SET OFF OF LOSS
FROM ACTIVITY OF OWNING &
MAINTAINING RACE HORSES (SEC 74A)
Continuity of Business necessary
Loss can be carried forward for 4 yrs
Return of loss should be submitted in time
Not applicable for other race animals
Allowed only to the extent of stake falls short
of revenue expenditure
20
CARRY FORWARD & SET OFF OF
CAPITAL LOSS (Sec 74)
Nature of Loss No. of Set off Against
Years
A) Short term 8 Any income under the head
capital Loss “capital Gains”
B) Long term 8 Long term capital Gain
capital Loss
21
THANK YOU
22