(Expert)
369 Points
Joined February 2015
Section 157 of the Income Tax (IT) Act, 1961, states that there are two conditions to be satisfied before loss is allowed to be carried forward. First, the return of loss must be submitted on or before the due date. Second, the loss has been determined by the assessing officer (AO) The AO needs to notify the assessee by an order in writing the amount computed by him which the assessee is entitled to carry forward.
According to Section 80 of the IT Act, carryforward is allowed only when such loss has been determined in pursuance of return of loss submitted by the assessee on or before due date for filing return prescribed under Section 139(1) of the IT Act.
However, loss under, ‘Income from house property,' ‘Unabsorbed depreciation', ‘Capital expenditure on scientific research', and ‘Family planning expenditure' can be carried forward even if the return is not filed within the due date mentioned under Section 139(1).