Carry forward of losses

Tax queries 650 views 3 replies

Can loss be carried forward only by the person, who has incurred the loss? Its urgent....................................................

Replies (3)

Generally yes.  However there are some exceptions sec 78(2)

1. by way of inheritance -  If a person dies then his legal heir can carry and setoff loss in balance no. of years. (however unabsorbed depreciation can't be c/f)

2. amalgamation - refer section 72A, 72AA, 72AB

3. Succession of proprietary concern or firm by company - refer sec 47(XIII), 47(XIV)

4. Demerger

in some cases no.

Loss can be generally carried forward by the same person. however there is an  exception to the rule i.e in case of inheritance, Also the Act provides special cases such as Amalgamation, demerger,sucession of proprietary firm or concern by company (subject to the fulfillment of conditions specified therein) where the successor can carryforward the loss.


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