Carry forward of loss

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A PERSON INCURRED LOSS OF RS. 5 LACS IN FY 7-8 ( RETURN WAS FILED BEFORE DUE DATE U/S 139 BUT IN THE RETURN OF FY 8-9 & 9-10   HE FAILED TO CLAIM LOSS DUE TO MISTAKE. CAN HE CLAIM IN FY 10-11

 

Replies (11)
No... he cannot claim loss now..! Where losses sustained are not set off against the profits of immediately succeeding year or years, they cannot be set off at a later stage... - decided in case of B.C.S Kartar Chit fund.

agreee with above loss can be cliam in original return submitted within  due date under sec 139(1)

Mr Roopak is Correct.

If all learned friends say the losses cannot be set off in subsequent year then what about that rule which says that it is mandatory to set off the losses.

In my view loss of FY 7-8 can be carried forward (since he has filed the return of loss in time) and can be set off in subsquent year. 

If he could not set off the loss then he should file the revised return. If that time has expired go for rectification of mistake u/s 154 which is 4 years.

thanks

https://taxbykk.blogspot.com/

agree with above

eg. 7-8      100

8-9               20   unclaimed set off

9-10            10    unclaimed set off

10-11         70     that can be c/f and claim set off whether or not 20+10=30 is claimed c/f or not,

bcoz 7-8 return filled within due date

what would happen if the assessee has nil income in 08-9,09-10 and income in 10-11. If the assessee has filed the return subsquently for 08-09 and 09-10 showing the carry forward loss, can't he claim the same in 10-11?

Originally posted by : Roopali Kadam
eg. 7-8      100
8-9               20   unclaimed set off
9-10            10    unclaimed set off
10-11         70     that can be c/f and claim set off whether or not 20+10=30 is claimed c/f or not,
bcoz 7-8 return filled within due date

Rooplai Kadam is right..

Originally posted by : saminathan.s

what would happen if the assessee has nil income in 08-9,09-10 and income in 10-11. If the assessee has filed the return subsquently for 08-09 and 09-10 showing the carry forward loss, can't he claim the same in 10-11?

He can claim in 10-11

he can set off losses by filing revised return .. as revised return steps into the shoes of original return provided the original return is filied withing the due date .. which is true in this case 

 

agreed with mr.kaushal

it is correct

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