In case of unabsorbed depreciation and loss from house property can be carried forward even though return of loss is not filed u/s 139(1) However filing of return of loss is mandatory in case of • business loss • speculation business loss • specified business loss • loss from head of capital gains • loss from activity of owning and maintaining race horses
The querist has stated that return is not filed. If return is not filed, carry forward is not possible as the income tax department will not know. Since carry forward is not done due to non-filing of return, in future years the same will not be brought forward.
As per supreme court decision in Goetze (India) Ltd vs CIT (2006), it is stated that assessee should have made the claims in the ITR filed instead of a letter.
So inorder to carry forward the unabsorbed depreciation, a return needs to be filed even though it might be a belated return.