CHARTERED ACCOUTANCY
60 Points
Joined March 2011
As the return is not filed under due time as per sec 139(1) then as per sec 80 read with sec 139(3) the carry forward and set-off of loss u/s 72, 73, 73A will not be allowed.
Sec 72 is for carry forward and set-off of business loss, hence will not be allowed to be c/f and set-off.
But as the unabsorbed dep is governed by the sec 32(2), the c/f and adjustment of dep will not be affected by not filing in due time as per sec 139(1).
This view is taken collectively from the decisions in CIT vs Haryana Holels Ltd and East Asiatic Company India Pvt Ltd.
Now it depends as to how is unabsorbed dep calculated. if u can further prove the calculation of dep then take as much amt as possible for dep and then u can carry forward the amt without any problem and sec 80 would not apply in that case.
:-)