Case Law Details
Case Name : Hapur Pilkhuwa Development Authority Vs ACIT (ITAT Delhi)
Related Assessment Year : 2012-13
Courts :
All ITAT ITAT Delhi
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Hapur Pilkhuwa Development Authority Vs ACIT (ITAT Delhi)
Learned CIT(A) has not allowed the benefit of excess utilization of earlier years, claimed by the assessee by raising additional ground. Ld. AR for the assessee contended that this issue is also covered in favour of the assessee by the order passed by coordinate Bench of Tribunal in assessee’s own cases for the assessment years 2009-10 to 2011-12. This factual position has also not been controverted by the ld. DR for the Revenue, but he has supported the order passed by the ld. CIT(A).
We have perused the order dated 06.06.2018 (supra...
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This judgement is no longer valid now because by amendment to Section 11 such types of deficits, called paper deficit, can’t be carried forward and set off against income of the current year. This amendment is effective wef 01-04-21.
Section 11(1)
Explanation 5.—For the purposes of this sub-section, it is hereby clarified that the calculation of income required to be applied or accumulated during the previous year shall be made without any set off or deduction or allowance of any excess application of any of the year preceding the previous year.
This judgement is no longer valid now because by amendment to Section 11 such types of deficits, called paper deficit, can’t be carried forward and set off against income of the current year. This amendment is effective wef 01-04-21