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Carry Forward the Losses of Trust

Tax queries 3154 views 3 replies

A turst whos income tax return is filed regurlarly and within time limit - from last several years - but from last 2-3 trust is in loss.

 in current year trust is in profit.

 My question is can we set off this loss in the current or not ............ ? What is the Sec if it can ? and is there any Case law for this?

 

Replies (3)

Mention clearly whether is recoginsed by the commsioner for exemption or its just a Private trust which is not reg for any benefits. If the trust is second category then you can set off losses and balance is taxed at MMR (33.99%)

What is the treatement in the case of Registered trust? What sec is applicable for this??

Dear sir,

 

Please find following details:

  1. Trust is unregistered trust.
  2. It has not filled return from FY 2008-09.
  3. 2008-09 Loss
  4. 2009-10 Profit
  5. 2010-11 Profit

Now my queries are:

  • Can trust set off & carry forward loss incurred in 2008-09 against profit of 2009-10?
  • Can any penalty be levied for non-filling of return?


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