Brought forward business losses can be set off against the gains arising from any business or profession, though chargeable to tax under any other head of income

Brought forward business losses can be set off against the gains arising from any business or profession, though chargeable to tax under any other head of income

Digital Electronics Ltd. Vs. ACIT135 TTJ 419 (Mum ITAT)

Facts:- During the assessment year 2005-06, the taxpayer had sold the factory building, plant and machinery, furniture and fixtures on which it had earned capital gains. The taxpayer had set off unabsorbed depreciation and brought forward business losses against the short term capital gains on sale of factory building, plant and machinery, furniture and fixtures. The Assessing Officer disallowed the claim of the set off of brought forward business losses on the ground that the same cannot be set off against any other head of income other than profits and gains of business or profession as per the provisions of the Income Tax Act (“ITA”).

Issue before the Tribunal

• Whether brought forward business losses can be set off against the profits on sale of business assets which are assessed to tax as capital gains?

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