Dipjyoti Majumdar (CA in service & CS. dipmaj@ rediffmail.com ) (3468 Points)
08 December 2011
Jay Bodha
(Employed)
(139 Points)
Replied 08 December 2011
Here,
If the assessee has not filed the return in time then he cannot carry forward the loss except House property Loss.
However in respect of the unabsorbed depriciation it can be carried forward even if the return is filled after due date.
Shah Tarun
(Student)
(800 Points)
Replied 08 December 2011
Shah Tarun
(Student)
(800 Points)
Replied 08 December 2011
CA SANDESH MAHIPAL
(Practicing in GST and MSME )
(1985 Points)
Replied 08 December 2011
AGREE WITH MR. JAY
AS I REMEMBER A CASE NAMED "HARYANA HOTELS' ALSO PROVIDES JUDGEMENT FOR THIS TOPIC.
| Originally posted by : SUNNY AGGARWAL | ||
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AGREE WITH MR. JAY AS I REMEMBER A CASE NAMED "HARYANA HOTELS' ALSO PROVIDES JUDGEMENT FOR THIS TOPIC. |
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CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 08 December 2011
| Originally posted by : Jay Bodha | ||
|
|
Here, If the assessee has not filed the return in time then he cannot carry forward the loss except House property Loss. However in respect of the unabsorbed depriciation it can be carried forward even if the return is filled after due date. |
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AGREED.
siva rangana
(CA FINAL)
(41 Points)
Replied 09 December 2011
" If the assessee has not filed the return in time then he cannot carry forward the loss except House property Loss &
However in respect of the unabsorbed depriciation,Capital expenditure on scientific research and Family planiing expenditure ( NON SPECULATION LOSSES ) it can be carried forward even if the return is filled after due date "
CA Babit Khurana
(learning is my passion)
(338 Points)
Replied 09 December 2011
Section 80 will no creat any barrier in case of unabsorbed deprication it can be carry fwd even if return is filled after due date as decided by P&H(HC) in case of Haryana hotles ltd.
CA PRAVEEN SINGH
(MANAGER ACCOUNTS)
(2277 Points)
Replied 09 December 2011
If the assessee has not filed the return in time then he cannot carry forward the loss except House property Loss.
However in respect of the unabsorbed depriciation it can be carried forward even if the return is filled after due date.
Right said above....
Viswanathan.C.P
(Manager-Finance and Accounts)
(332 Points)
Replied 10 December 2011
This is also a question for Nov 11 CA Final direct taxes.-Section 142(1)-Assessee allowed to carry forward the unabsorbed depreciation only..as return is not filed as per due date u/s 139(1).
The business loss cannot be carried forward and unabsorbed depreciation will be allowed to be carried forward.
Regards,
Viswanathan.C.P
C.A. Jignesh N. Mehta
(C.A.)
(1030 Points)
Replied 10 December 2011
Agreed with replies made by friends.
shanil jain
(CHARTERED ACCOUTANCY)
(60 Points)
Replied 12 December 2011
As the return is not filed under due time as per sec 139(1) then as per sec 80 read with sec 139(3) the carry forward and set-off of loss u/s 72, 73, 73A will not be allowed.
Sec 72 is for carry forward and set-off of business loss, hence will not be allowed to be c/f and set-off.
But as the unabsorbed dep is governed by the sec 32(2), the c/f and adjustment of dep will not be affected by not filing in due time as per sec 139(1).
This view is taken collectively from the decisions in CIT vs Haryana Holels Ltd and East Asiatic Company India Pvt Ltd.
Now it depends as to how is unabsorbed dep calculated. if u can further prove the calculation of dep then take as much amt as possible for dep and then u can carry forward the amt without any problem and sec 80 would not apply in that case.
:-)
CAclubindia
