In Indian tax law, if income from a source is exempt, losses from that source cannot be adjusted against other taxable incomes. For instance, agricultural income, being exempt, does not allow the offset of agricultural losses against taxable income. Intra-head adjustment allows taxpayers to offset losses within the same category of income, such as from one business against another business’s profits. However, there are specific restrictions: speculative business losses can only offset other speculative income, and losses from house property are limited to a set-off of Rs. 2 lakh per annum. Losses must first be adjusted within their category (intra-head) before being adjusted against other categories (inter-head). Losses not fully adjusted in the current year can be carried forward to future years under specific rules. Business losses, other than speculative losses, can be carried forward for eight years and set off against future business income. Speculative losses can be carried forward for four years and offset only against speculative income. House property and capital gains losses can also be carried forward, with particular restrictions on the nature of the income against which they can be set off. Special provisions apply to carry-forward losses in cases of business reconstitution or change in company ownership.
Q1. If income from any source is exempt, then can loss from such source be adjusted against any other taxable income?
Ans: If income from a particular source is exempt from tax, then loss from such source cannot be set off against any other income which is chargeable to tax.
E.g., Agricultural income is exempt from tax, hence, if the taxpayer incurs loss from agricultural activity, then such loss cannot be adjusted against any other taxable income.
Q2. What is the meaning of intra-head adjustment?
Ans: If in any year the taxpayer has incurred loss from any source under a particular head of income, then he is allowed to adjust such loss against income from any other source falling under the same head.
The process of adjustment of loss from a source under a particular head of income against income from other source under the same head of income is called intra-head adjustment, e.g., Adjustment of loss from business A against profit from business B.
Q3. What are the restrictions to be kept in mind while making intra-head adjustment of loss?
Ans: Following restrictions should be kept in mind before making intra-head adjustment of loss:
- Loss from speculative business cannot be set off against any income other than income from speculative business. However, non-speculative business loss can be set off against income from speculative business.
- Long-term capital loss cannot be set off against any income other than income from long-term capital gain. However, short-term capital loss can be set off against long-term or short-term capital gain.
- No loss can be set off against income from winnings from lotteries, crossword puzzles, race including horse race, card game, and any other game of any sort or from gambling or betting of any form or nature.
- Loss from the business of owning and maintaining race horses cannot be set off against any income other than income from the business of owning and maintaining race horses.
Loss from business specified under section 35AD cannot be set off against any other income except income from specified business. ( section 35AD is applicable in respect of certain specified businesses like setting up a cold chain facility, setting up and operating warehousing facility for storage of agricultural produce, developing and building a housing projects, etc.).
Q4. What is the meaning of inter-head adjustment?
Ans: After making intra-head adjustment (if any) the next step is to make inter-head adjustment. If in any year, the taxpayer has incurred loss under one head of income and is having income under other head of income, then he can adjust the loss from one head against income from other head, E.g., Loss under the head of house property to be adjusted against salary income.
Restrictions to be kept in mind while making inter-head adjustment of loss
Following restrictions should be kept in mind before making inter-head adjustment:
- Before making inter-head adjustment, the taxpayer has to first make intra-head adjustment.
- Loss from speculative business cannot be set off against any other income. However, non-speculative business loss can be set off against income from speculative business.
- Loss under head “Capital gains” cannot be set off against income under other heads of income.
- No loss can be set off against income from winnings from lotteries, crossword puzzles, race including horse race, card game, and any other game of any sort or from gambling or betting of any form or nature.
- Loss from the business of owning and maintaining race horses cannot be set off against any other income.
- Loss from business specified under section 35AD cannot be set off against any other income ( section 35AD is applicable in respect of certain specified businesses like setting up a cold chain facility, setting up and operating warehousing facility for storage of agricultural produce, developing and building housing projects, etc.)
- Loss from business and profession cannot be set off against income chargeable to tax under the head “Salaries”.
Q5. If the income of the year in which loss is incurred falls short, and taxpayer is unable to adjust entire loss, then can the taxpayer carry forward the unadjusted loss for adjustment in next year?
Ans: Many times it may happen that after making intra-head and inter-head adjustments, still the loss remains unadjusted. Such unadjusted loss can be carried forward to next year for adjustment against subsequent year(s)’ income. Separate provisions have been framed under the Income-tax Law for carry forward of loss under different heads of income (refer next FAQ for more provisions in this regard).
Q6. What are the provisions framed under the Income-tax law in relation to carry forward and set off of business loss other than loss from speculative business?
Ans: The set-off of loss from house property against income from any other source is restricted to Rs. 2 lakh per annum.
If loss of any business/profession (other than speculative business) cannot be fully adjusted in the year in which it is incurred, then the unadjusted loss can be carried forward for making adjustment in the next year. In the subsequent year(s) such loss can be adjusted only against income charged to tax under the head “Profits and gains of business or profession“.
Loss under the head “Profits and gains of business or profession” can be carried forward only if the return of income/loss of the year in which loss is incurred is furnished on or before the due date of furnishing the return, as prescribed under section 139(1).
Such loss can be carried forward for eight years immediately succeeding the year in which the loss is incurred.
Above provisions are not applicable in case of unabsorbed depreciation (provisions relating to unabsorbed depreciation are discussed later).
- Loss from business specified under section 35AD cannot be set off against any other income except income from specified business ( section 35AD is applicable in respect of certain specified businesses like setting up a cold chain facility, setting up and operating warehousing facility for storage of agricultural produce, developing and building a housing projects, etc.). Such loss can be carried forward for adjustment against income from specified business for any number of years.
Loss from Specified business under section 35AD cannot be carried forward unless it has been determined in pursuance of return filed in accordance with the provisions of Section 139(3).
- Loss from the business of owning and maintaining race horses cannot be set off against any income other than income from the business of owning and maintaining race horses. Such loss can be carried forward only for a period of 4 years.
Q7. What are the provisions framed under the Income-tax law in relation to carry forward and set off of loss from speculative business?
Ans: If loss of any speculative business cannot be fully adjusted in the year in which it is incurred, then the unadjusted loss can be carried forward for making adjustment in the next year. In the subsequent year(s) such loss can be adjusted only against income from speculative business (may be same or any other speculative business).
Loss from speculative business can be carried forward only if the return of income/loss of the year in which loss is incurred is furnished on or before the due date of furnishing the return, as prescribed under section 139(1).
Such loss can be carried forward for four years immediately succeeding the year in which the loss is incurred.
Above provisions are not applicable in case of unabsorbed depreciation of speculative business (provisions relating to unabsorbed depreciation are discussed later).
Q8. What are the provisions framed under the Income-tax Law in relation to carry forward and set off of house property loss?
Ans: If loss under the head “Income from house property” cannot be fully adjusted in the year in which such loss is incurred, then unadjusted loss can be carried forward to next year.
The set-off of loss from house property against income from any other source is restricted to Rs. 2 lakh per annum.
In the subsequent years(s) such loss can be adjusted only against income chargeable to tax under the head “Income from house property”. Such loss can be carried forward for eight years immediately succeeding the year in which the loss is incurred.
Loss under the head “Income from house property” can be carried forward even if the return of income/loss of the year in which loss is incurred is not furnished on or before the due date of furnishing the return, as prescribed under section 139(1).
Q9. What are the provisions framed under the Income-tax law in relation to carry forward and set off of capital loss?
Ans: If loss under the head “Capital gains” incurred during a year cannot be adjusted in the same year, then unadjusted capital loss can be carried forward to next year.
In the subsequent year(s), such loss can be adjusted only against income chargeable to tax under the head “Capital gains”, however, long-term capital loss can be adjusted only against long-term capital gains. Short-term capital loss can be adjusted against long-term capital gains as well as short-term capital gains.
Such loss can be carried forward for eight years immediately succeeding the year in which the loss is incurred.
Such loss can be can carried forward only if the return of income/loss of the year in which loss is incurred is furnished on or before the due date of furnishing the return, as prescribed under section 139(1).
Q10. What is the meaning of unabsorbed depreciation, unabsorbed capital expenditure on scientific research and unabsorbed capital expenditure on promoting family planning amongst the employees?
Ans: Apart from several other deductions, while computing income chargeable to tax under the head “Profits and gains of business or profession” a person is allowed to claim deduction on account for depreciation, capital expenditure incurred by him on scientific research and capital expenditure incurred by a company for promoting family planning amongst its employees.
If the income of the year in which these expenses are incurred falls short of these expenses, then the unabsorbed expenses can be carried forward to next year in the form of unabsorbed depreciation or unabsorbed capital expenditure on scientific research or unabsorbed capital expenditure on promoting family planning amongst the employees.
Q11. What are the provisions framed under the Income-tax Law relating to set off of unabsorbed depreciation, unabsorbed capital expenditure on scientific research and unabsorbed capital expenditure on promoting family planning amongst the employees?
Ans: Depreciation is first deducted from the income chargeable to tax under the head “Profits and gains of business or profession”. If such depreciation could not be fully adjusted against such income chargeable to tax in that previous year, the unabsorbed portion shall be added to the amount of depreciation for the following year and shall be deemed to be the part of depreciation for that year (similar treatment would be given to other allowances as mentioned above).However, in the case of set off, following order of priority is to be followed:
- First adjustments are to be made for current scientific research expenditure, family planning expenditure and current depreciation.
- Second adjustment is to be made for brought forward business loss.
Third adjustments are to be made for unabsorbed depreciation, unabsorbed capital expenditure on scientific research or on family planning.
Q12. In case of change in the constitution of business, can the loss be carried forward by the reconstituted entity?
Ans: Generally, the person incurring the loss is only entitled to carry forward the loss to be adjusted in subsequent year(s). However, in certain cases of reconstitution of the business like amalgamation, demerger, conversion of proprietary firm into company or conversion of partnership firm into company, etc., the reconstituted entity is entitled to carry forward the unadjusted loss of predecessor entity (provided that conditions specified in this regard are satisfied).
Q13. Are there any special provisions in case of carry forward of loss in case of a partnership firm if any partner of the firm retires?
Ans: Section 78 contains provisions relating to carry forward and set off of loss in case of change in constitution of a partnership firm due to death or retirement of a partner (i.e. when a partner goes out of firm by retirement or death). In such a case, the share of loss attributable to the outgoing partner cannot be carried forward by the firm.
Restriction of section 78 is applicable only in case of loss and is not applicable in case of adjustment of unabsorbed depreciation, unabsorbed capital expenditure on scientific research or family planning expenditure.
Q14. Are there any special provisions in case of carry forward and set off of loss in case of a company in which public are not substantially interested?
Ans: As per section 79 of the Income-tax Act, where a change in shareholding has taken place in a previous year in the case of a company, not being a company in which the public are substantially interested, no loss incurred in any year prior to the previous year shall be carried forward and set off against the income of the previous year unless-
On the last day of the previous year the shares of the company carrying not less than fifty-one per cent of the voting power were beneficially held by person who beneficially held shares of the company carrying not less than fifty-one per cent of the voting power on the last day of the year or years in which the loss was incurred.
However, the above condition is not applicable in case of an eligible start up reffered under section 80-IAC in case of such start up, loss can be carried forward and set off against the income of the previous year, if all shareholders of such company (who held shares carrying voting power on the last day of the year or years in which loss was incurred) continue to hold the shares on last day of such previous year.
Restriction of section 79 is applicable only in case of loss and is not applicable in case of adjustment of unabsorbed depreciation, unabsorbed capital expenditure on scientific research or family planning expenditure.
Further, the provisions of section 79 are not applicable in case of change in share holding on account of death of shareholder or on account of transfer of shares by way of gift to any relative of the shareholder or change in shareholding in case of an Indian company which is a subsidiary of foreign company, when such foreign company is amalgamated/demerged with another foreign company and 51% or more shareholders of the amalgamating/demerged foreign company continues to be the shareholders of the amalgamated/resulting foreign company and where any change in shareholding in the company takes place pursuant to a resolution plan approved under the IBC.
With an objective to facilitate resolution of distressed companies, the Finance (No. 2) Act, 2019 extend the benefit of section 79 to the following companies, and their subsidiary and the subsidiary of such subsidiary, where:
(a) When NCLT, on a petition moved by the Central Govt., has suspended the board of directors and has appointed new directors.
(b) When change in shareholding has taken place in a previous year pursuant to a resolution plan approved by the Tribunal.
Note:
(1) W.e.f., Assessment Year 2022-23, section 79 shall not apply in case there change in the shareholding has taken place during the previous year on account of relocation referred to in the Explanation to clauses (viiac) and (viiad) of section 47.
(2) W.e.f. Assessment Year 2022-23, section 79 shall not apply to an erstwhile Public Sector Company (PSU), subject to the condition that the ultimate holding company of such erstwhile PSU, immediately after completion of the strategic disinvestment, continues to hold, directly or through its subsidiary or subsidiaries, at least 51% of the voting power of such PSU in aggregate.
However, this relaxation shall cease to apply from the previous year in which the ultimate holding company ceases to hold, directly or through its subsidiary or subsidiaries, 51% of the voting power of the erstwhile public sector company. If the relaxation ceases to apply in any previous year, the provisions of section 79 shall apply for such previous year and subsequent previous years.
The erstwhile public sector company shall have the same meaning as assigned to it in clause (ii) of the Explanation to clause (d) of section 72A(1).
Long term capital Loss from shares in AY 2016-17 not included into the ITR to be included Loss on in AY 2021-22
Pl suggest is it mandatory to set off short term capital loss of earlier years.
I have long term capital profit which is exempt upto 1 lac & it is getting setoff against these losses.
Can the carried forwarded loss of partnership firm off set against the gain on sale of partnership business?
During AY 2021-22, I am having long term gains of 1,60,000/- us 112A. As per my understanding, after exemption of 1 lakh, balance 60,000/- should have been adjusted my carry forward losses . But to my surprise, IT site is adjusting whole amount of 1,60,000/- against carry forward losses of previous years. Is it correct & how it is justified ? Pl advise how to get exemption of one lakh, i dont find mention of one lakh exemption anywhere in ITR form 2
Regards
1) First of all the 100000rs is not an exemption.
2) When you compute your LTCG tax liability u/s 112A
( LTCG. – 100000RS ) * TAX RATE
Your LTCG is reduced by 100000 rs for the purpose of Tax computation
3) The Tax computation will do at the end i.e after the set off of losses if any.
4) So order will be
Amt
LTCG. 160000
Less : Losses. ( 20000)
————-
140000
Computation of Tax liability
LTCG u/s 112A (140000-100000) * 10 %.= 4000
Thank you sir. I have a query.
I had reported short terrm capital losses in AY 2019-20. The same, i forgot to indicate in schedule BLFA in 2020-21 AY return. Now can i set off this short term losses against short term gains and long term gains in AY 2021 22 return?
I had reported short terrm capital losses in AY 2019-20. The same, i forgot to indicate in schedule BLFA in 2020-21 AY return. Now can i set off this short term losses against short term gains and long term gains in AY 2021 22 return?
I have LTCG losses 25000 from previous 2 years. This years i have 50000 LTCG gain. I don’t want to set off this LTCG loss of previous years from this year gain and would like to set off in future as 50000 LTCG is not taxable . Is it possible ? if yes how to fill?
Regards
Rahul
I have STCL in year 2019-20, but while filling ITR it is not shown in it and also carry fwd of loss not shown.
Can we setoff with this year gain
23rd July 2021 (For FY 2020-21).
I require to declare and carry-forward LTCLoss. In view that there is a “new Tax-Filing system” of Tax-Filing from this year which as of date is giving errors and that the tax filing date has been extended till 30-Sept 2021. My Query is do I have to file before 31st July 2021 to claim LTCLoss (carry-forward) or cn I wait and file the same before 30-Sept-2021 . Kindly advice. Thank-you
Question is about Short Term Capital Loss.
Assume that a person has incurred a loss of Rs. 1,00,000/- during AY 2019-20. He was about offset only Rs, 10,000/- of this loss during AY 2020-21. Even though he earns profit during AY 2021-22, he don’t want to offset this loss during this AY but wants to carry forward to AY 2022-23 because this year he is not having any taxable income. Is it possible to do like this.
Accumulation of losses by not setting off in the year where there is eligible income is Not possible as per BCS KARTAR CHIT FUND case law
In the FY 2019-20, I had LTCG of Rs 178723 from sale of HP and LTCL of Rs 226212 and STCL of Rs 86354 from sale of Equity. In ITR, STCL of Rs 86354 and LTCL of Rs 92369 has been set off and balance C/F as LTCL.
My Question- Why not first set off full LTCL against LTCG and then set off STCL.
Query- I have STCG in CFY and want to set off STCL of PFY. Do I have option to show PFY STCL as C/F losses. Because this will reduce my CFY STCG hence less tax.
Hi!
I had long term capital loss in FY 18-19, since it was not taxable at that time, i had not carried it forward, is there any way to do it now?
No, as per principles, one cant setoff or c/f losses of exempt sources. Moreover the law specifically doesnt allow us to recognize past ltcl u/s 10(38) in the 112A tax regime.
I had reported short terrm capital losses in AY 2019-20. The same, i forgot to indicate in schedule BLFA in 2020-21 AY return. Now can i set off this short term losses against short term gains and long term gains in AY 2021 22 return?
can losses be carried forward after death of the person. and should the returns filed after death of the person
Hi,
I have a query on the set off of loss from house property from earlier years against income from house property this year. I have a net taxable income of about 297000 from house property and interest this year. So i have to pay tax only on 47000. I have carried forward losses from 2013 and 2014 of 134000 and 28000 respectively. If I enter these on my CFL sheet of ITR2, it offsets both reduces my income to about 135000. However, i need to offset just 47000. How do i do that? Can I mention just the one from 2014 and offset it? But if i do not specify my 2013 loss then it would not be allowed next year i think.
Thanks,
Raj
Accumulation of losses by not setting off in the year where there is eligible income is Not possible as per BCS KARTAR CHIT FUND case law
I HAVE TAKE LOAN FROM RELATIVE AND INVEST IN SHARE MARKET. FROM THAT I HAVE EARN SHORT TERM CAPITAL GAIN. AND I HAVE ALSO PAID THE INTEREST ON LOAN. HOW I CAN SHOW THE SAME IN ITR?
There is no deduction on intt available against cap gains. However per cbdt circular you may show share trading profits as pgbp and claim intt deduction. Such pgbp classification once chosen should be followed consistently
Hello ;
I have a STCG accumulated since AY 17-18, and 18-19 part of which is adjusted in AY 19-20.Noy for AY 20-21 there is no STCG activity so how should i carry forward the accumulated ?
Rgds
Amit
I have House property Loses Carry forwarded in in AY2014-15 ITR. However in subsequent years ITR I have not filledup CFL table for the above carry forwarded loss.
Can ii on AY2020-21 fillup CFL and set off againt house property income
Hi,
I am salaried employee.. I had received the joining bonus with a condition that I should stay for atleast a year.. since I left before one year, I had to return.. But company didn’t show that they have deducted bonus from my salary.. so in form 16, income shown is higher than what I had received in that financial year.. How can I show this while filing return.
Not possible per case law S.S.N.Ravi, Chennai vs ACIT. Moreover if new employer has reimbursed the bonus to old employer then such reimb is also taxable as perquisite
Dear Sir,
we have claimed deduction u/s 35AD during the FY 2017-18 & 2018-19. The cost of the infrastructure was say approx 100 crore. I have claimed deduction of Rs.45 crore during FY 2017-18 & 2018-19. the unabsorbed cost is Rs.55 Crore. Now during the FY 2019-20, we wish to opt lower tax regime i.e. tax @22%. now please clarify whether I am eligible to claim depreciation on unabsorbed cost of Rs. 55 Crore during the FY 2019-20 and so on or not.
As per your above article, you have mentioned that “Loss under the head “Profits and gains of business or profession” can be carried forward only if the return of income/loss of the year in which loss is incurred is furnished on or before the due date of furnishing the return, as prescribed under section 139(1).
Such loss can be carried forward for eight years immediately succeeding the year in which the loss is incurred.
Above provisions are not applicable in case of unabsorbed depreciation “.
Query: Kindly let us know the case laws in support of your statement that “Unabsorbed depreciation can be carried forward and set off even if Income Tax Return is filed belatedly”
Kindly let us know.
Thankyou.
WHEN AN ASSESSEE IS HAVING SALES OF 65LAKHS AND BUSINESS LOSS OF 29 LAKHS (AND THE BUSINESS PRAWNS FARMING) SO NOW DO WE REQURIED TO DO THE TAX AUDIT FOR THE SAME TO CARRYFORWARD THE LOSSES TO NEXT YEAR. PLEASE CLARIFY ME IN THIS REGARD WITH THE PROVISION IN THE INCOME TAX ACT THANKING YOU
Can a short term capital gain from property be adjusted against the business loss of that particular year?
I have carried forward loss of 15 lacs from last year under business losses, current year income under this head is 2 lac, can I carry forward the last year loss (15 lac) in the next year without adjusting the loss in current year profit(2 lac). If yes should I skip showing last year losses in current year return.
I have Long term capital loss of Rs. 3,00,000/- carried forwarded from earlier years and current year I got Long term capital gain of Rs. 60,000/- U/s. 112A.
My query is :
1. whether such long term capital gain of Rs. 60,000/- is form part of total income?
2. Whether such current year gain can be setoff against losses from earlier years as it is exempt from tax?
60000 forms part of Total income. The b/f cap loss can be setoff with 60000. Please note that 112A gain is not exempt income. Exempt means not forming part of total income. Tax upto 100000 is nil and above that is at 10%.
Hi,My query is around ITR-2 with reference to brought forward loss of house property.
If I have nil interest through home loan but have carried forward interest of 2lakhs from earlier years ,how to represent in iTR -2 ?Section BFLA in ITR cant be modified.
I have a scenario if you can help with it.
Last year i had an total property loss of 261000. Of which i could setoff only 200000 and 61000 was carried forward.
This year the total house interest and gains result in house property loss of 120000.
Can i adjust 60000 from previous year to the 120000 which is still within limit of 200000?
I added this in ITR2 xls which is published but seems that the adjustment only happens if there is a gain i.e the value from property loss is in +ve and not -ve.
Do you see this as an issue with xls or my understanding is wrong in terms of setting off the house property loss?
Thanks in advance.
Nikhil
Facts of the case :
XYZ LLP is in the business of running of resorts. The land is owned by the partners of LLP and the building and other facilities are owned by LLP.
It has accumulated business+dep loss of Rs 25 lakhs on 31/3/2019.
It has suspended its business activity due to losses and given the entire facility on rent to Mr Smart wef 1/7/2019 for 2 years. @ Rs 5 lakhs per month.
Your views are required on the following :-
1. Under what head would the Lease rentals be charged ?
2. Whether income for Lease rental can be setoff against past losses of LLP?
3. The partners have introduced funds in LLP by way of Loan and are getting interest on this amount from LLP.
a) Whether TDS needs to be deducted ?
b) Whether this interest income can be adjusted against interest paid by them (to invest in LLP) in their individual capacity on loans taken from banks/others?
The intention regularity and organization determines whether it is pgbp or hp income. Constitutional documents will also provide info.
Hence it may be pgbp income. Showing it as ifos may make it ineligible to cf losses shouldhould it incur any in future.
Past loss can be set off.
Tds u/s 194A is not applicable for intt to partners
Yes pgbp head being wider in scope while claimimg deduction compared to ifos, intt exp can be deducted in personal file.
There is a business loss for the current year and gain under the head capital gains and income from other sources. Is there any priority in adjusting the losses like first we need adjust against IFOS only first and not against CG?
Is Loss can be carried Forward if there is no business ?
can a retiring partner get his share of absorbed loss of firm in his return”
Can a retiring partner of firm claim set off of loss of firm (his share) in his next return
I was working with pvt limited company which has NOT paid my Salary and other Full and Final settlement dues but deducted TDS and also paid TDS to IT department. How can I claim deductions for the salary not received? Can I declare them as losses? If yes, then under what head can it be filed. Please guide.
Getting following error will filling ITR 3
Current year speculative business loss should not exceed that total speculative business loss set off
There is not profit or loss from speculative business at all
pl help to resolve the issue
I sold a flat and incur LTCG of 1 lakh … When i purchased the flat i have given Interest with put claiming IT benefit ..is there anyway i can set off those losses in capital gain here????
I have Short Term Capital Losses (e.g. 100 ) and Long Term Capital Gains (tax exempt, sold before 1st jan 2018) of 100.
So the question is should I mention the LTCG in the schedule CG ? Or should I mention the LTCG only in the Schedule EI (exempt income) tab ? Or both ?
Now if I enter both of them in Schedule CG , then the losses to be carried forward are being net off. (i.e. 0 loss). I do not want this, as 100 LTCG is not taxable hence Rs 100 Short term capital loss should be carried forward.
In my IT Return of last FY, I didn’t mention CFL & STCL in that year. This FY, however I have made STCG. Can I set off the STCG with the losses & CFL of previous years in the same category, viz. STCG/STCL from shares for which STT was paid. All the IT Returns for previous years were filed before due dates.
I am filing a return of FY.16-17 of a Private Limited Company which has losses in current year,but due to filing of return after due date i am not supposed to carry it forward. can someone guide me how to stop the loss from being carried forward in excel utility.
If there is business loss still left after set off against inter head adjustment , can we set off the remaining business loss against short term capital gain ???
Please answer my question and help me..
I have short term capital gain of Rs 5.00 lacs on sale of unlisted shares chargeable @ 30% and short term capital loss of Rs 2 lacs on sale of listed shares chargeable @ 15% as STT is paid. Can I set off this loss with normal capital gain of Rs 5 lac.
And if so, what are the implications as ITR reflects that 30% short term capital gain is adjusted against 15% short term capital loss.
As it states: Loss from exempt source of Income cannot be set off against profit from any taxable source of Income
Accordingly can I read it as Loss on sale of Capital asset (on which STT is paid) can be adjusted with profit on Long term capital asset arise in the same year or in the next years i.e. net 8 years the same can be carried forwarded?
Your prompt reply would be appriciated
@sarbendu sanyal : balance loss under income from hp can be c/f to next assessment year (not more than 8 assessment years) and set-off only against income from hp against that assessment year in which you set off.
-finance act 2017 source
Thank you guys for such an informative article!
I request one more clarity.
My HP loss for FY2018 will be Rs. 3,50,000. As Finance Act 2017, I can adjust 2,00,000 only.
Can I carry forward remaining 1,50,000 next year?
Where do we show the Personal Loans\Loan on Credit Card availed from banks\NBFCs in the Income Tax returns.
HOW CAN WE SETOFF SHORT TERM CAPITAL GAIN FROM HOUSE PROPRTY ?
I have a carried forward short term capital loss from AY 2016-17. How can I set this off against STCG of AY 2017-18.
I am filing ITR 3 and would be thankful if I can get specific solution.
Thanks.
Hello
Is it mandatory to set off unabsorbed depreciation every year even if company incuring profit? Or assessee can take its own decision of set off?
Why the MCQs are directly copy pasted from the departmental website of Income Tax, viz., incometaxindia.gov.in ? Can’t you prepare your own set of questions for the reader ? This is ridiculous.
please reply as to which form is to be used for showing carry forward loss of house property .
Were you able to figure out how the pre-construction interest was entered in the ITR?
Here the Bangalore and Delhi are operation location, where your business is Owning and operating Horses by One single Assessee, It could be considered as one business so, your winning stakes and Trophies are your revenue at each location will be total revenue against the total expenses at each locations. Accordingly the Profit or loss from Business could be computed.
Sir,
Can we set off capital gain tax against business losses same year and where company in loss
For FY 15-16 I have paid a sum of Rs. 1,00,000/- to my last employer for taking resignation as per employment bond of 3 years. I didn’t completed 3 years of services so I had to pay this amount to them.
I want to know will this amount be adjusted against my taxable salary?