Carry forward of loss of earlier years

Efiling 3556 views 33 replies

Hello everyone, 

I just want to confirm that in case, return of previous year is not filed in time, can we carry forward the losses brought forward from earlier previous years. e.g. In AY 2013-14, we filed the return on 20.09.2013 but for AY 2014-15, if we file the ITR after 30.09.2014, can we carry forward the losses of AY 2013-14.

Note: Assessee is a Private Limited Company and is not liable for Tax Audit

Replies (33)

You can very well carry forward all losses pf previous yrs excerpt loss for the AY2014-15(if any).

yes, u can

no u cannot carry forward loss if u have not filled ITR witin time period except some loss like unabsorbed depreciation
I think u can carry forward loss becoz section says that if u want to carry forward loss u have to file return before due date of filing return and due date is now 30.11.2014.
You can not carry forward your previous year losses without filing the return within the due date.
You can carry forward the losses once u file the return on time. Suppose u have a PGBP loss in A.Y. 2012-13 and in that year u file return on time u can carry forward the loss for 8 next assessment year inspite of the fact that you have not file the next A.Y return on time. If means u have a loss return and u file return on time then you can carry forward return as per law. but there are certain losses which van be claimed while not filling the return on time. Such losses are 1. Loss under the head House property 2 brought forward of depreciation . above two losses can be claimed while not filling the return on time.
I fail to understand this provision of late filing and the assessee cannot c/f loss. The assese is in serious problem and hence have to be given consideration to look into issues . this needs to be debated in open forum
U can not carry forward business loss but u can carry forward unabsorbed depreciation

According to Section 80, of the IT Act, carry-forward is allowed only when such loss has been determined in pursuance of return of loss submitted by the assessee on or before the due date for filing returns 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).

in your case all  losses can be carried forward except for the AY 2014-15  as ITR is not been filled widin time period..

Be pricise to ur question.. Business losses of last 8 yrs other than previous are allowed to be carried forward subject to filling of return of the concerned year before the due date. U can't carry forward the losses of current period in next year if u have not filled the return on time.
correctly said by CA Madhvi
CA Madhvi is 100% correct.... U can c/fd the loss of py AY except losses if AY 14-15 ( if any)
You can carry forward losses of past year or years because the return or returns had been filed on time subject to the maximum of 8 years. However, the losses of current year cannot be carry forward to the next year due to late filing of return.
Yes, you can carry forward the losses of earlier years but you can not carry forward the loss under head PGBP & capital gain Of which return is not filed within the time prescribed by law.


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