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Mat Calculation- 115JB

Tax queries 2150 views 5 replies

Plz. try to solve my problem.......

FY 2008-09

Dep.-Rs. 1000 and Book Loss other than Dep. - Rs.1500

Claimed as Unabsorbed dep or Book loss other than Dep. Rs.1000

In FY 2009-10


Unabsorved Dep. = Rs.0

Book loss other than Dep. = Rs. 1500

Which amt. I can claim- 0 or 1500

wherever act says " Depriciation or Loss Other than Dep. whichever is lower" Sec.115JB

Replies (5)

In Your Case Rs. 0 Will Be Carried Forward

 

Bcoz As per Sec 115JB Depreciation or Business Loss Other Than Depreciation Will Be Set Off Against Calculating Book profit  of Subsequent Year.

In your case u cant claim any thing as ur unabsorbed depreciation is nil and also once u take the benefit of such adjustment in any ealier year than it is not possible to take the benefit of such section again.

THERE IS NO BENEFIT U/S 115JB AVAILABLE IN YOUR CASE FOR F. YEAR 2010-11.

BECAUSE OF THE CONDITION AS YOU ARE SAYING IS DEPRECIATION OR LOSS OTHER THAN DEPRECIATION

IN YEAR 2008-09 DEPRECIATION (RS. 1000/-) IS LESS THAN OTHER THAN DEPRECIATION LOSS (RS. 1500/-) SO DEPRECIATION AMOUNT WILL C/F TO 2009-10

AND NOW NO FURTHER LOSS PREVAIL FOR C/F U/S 115JB.

You will not be able to claim anything in the FY 2009-10.

Please refere the case law Fascel Ltd. v ITO (2008) 117 TTJ (Ahd.) 891.

As depreciation is nil, nothing would be deducted.

To Dinesh,

S/He is not asking about 2010-11. Kindly read the question.

Regards.


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