Set off and carry forward of loss

What Do You Mean By Intra Head Adjustment?

Intra head adjustment means set off of loss against the same head of income.

What Is The Manner Of Set Off And Carry Forward Of Losses?

Head of Income Type of loss incurred Current year loss set off Brought forward losses can be set off Time limit for carry forward of losses
(in years)
Whether return should be filed before the due date for carry forward of loss?
Intra Head Adjustment Inter Head Adjustment
Income from House Property House Property Loss Allowed Allowed upto a maximum of 2,00,000/- Against Income from house property only 8 No
 

 

Profits and gains of business or profession

Unabsorbed Depreciation,

Unabsorbed Capital Expenditure on Scientific Research and Unabsorbed Capital Expenditure on Promoting Family Planning

Allowed Allowed except on income from salaries Any head of Income other than salary No time limit No
Speculative Business Loss Against profit from speculative business only Not Allowed Against speculative business income only 4 Yes
Specified Business Loss (Section 35AD) Against profit from specified business only Not Allowed Against profit from specified business only No time limit Yes
Any Other Business Loss Allowed Allowed except on income from salaries Against Profits and gains of business or profession 8 Yes
 

Capital Gain

 

Short Term Capital Loss Against Short term capital gain / Long term capital gain Not Allowed Against Short term capital gain / Long term capital gain 8 Yes
Long Term Capital Loss Against Long term capital gain only Not Allowed Against Long term capital gain only 8 Yes
Income from Other Sources Loss from the Business of Owning and Maintaining Race Horses Profit from similar activity only Not Allowed Profit from similar activity only 4 Yes

Note: Loss cannot be set off against casual income u/s 115BB and black money income u/s. 68, 69, 69A, 69B, 69C & 69D

Can We Set Off Any Loss Against Income From Salary?

  • Yes, we can set off only house property loss against income from salary.
  • Such loss can be set off only upto Rs. 2,00,000

What Are The Losses That Cannot Be Carried Forward?

  • Loss u/s 115BB (i.e. casual income)
  • Loss from exempt source (eg. Agricultural loss)

What Is The Order For Set Off Of Losses?

  • Current year’s Depreciation
  • Current year’s loss
  • Brought forward business loss
  • Unabsorbed Depreciation of previous year
  • Unabsorbed Capital Expenditure on scientific research
  • Unabsorbed Capital Expenditure on Promoting Family Planning of previous year

What Is Section 79 Of Income Tax Act, 1961?

  • It is a special provision for carry forward and set off losses in case of closely held companies
  • Loss incurred in earlier years shall be carried forward & set off in PY only if,
    • At least 51% of voting power are held by the same shareholders, on the last day of the year in which loss if incurred and on last day of PY in which loss will be set off
  • Non applicability of section 79
    • In respect of set off of unabsorbed depreciation
    • Where the change in shareholding is due to death of shareholder or by way of gift to relative
    • Where change in shareholding is due to resolution plan approved under Insolvency and Bankruptcy code, 2016.

Scroll to Top