Set off Against Salary

Tax queries 3511 views 34 replies

Hello friends, Unabsorbed depreciation can be set off against salary, loss from business and profession cant set off against from salary, plz read section 32(2) carefully, and read amendment also which show this things clearly, even u read ajay jain sir's book which fully cleared your doubt.

I am Damn Sure that Unabsorbed dep can be setoff against salary.

Dear shafaf,

 there is specific section covering this case plz read sec 71(2A)

which states as follows,

where in respect of any assessment year, the net result of the computation under the head "Profits and Gains from Businees" is loss and the assessee ha income assessable under the head "Salaries", the assessee shall not be entitled to have such loss set off against such income.

as unabsorbed Depreciation is a Business Loss it can't be set off against salary income.

you may be clear after reading this original text.

Unabsorbed depreciation can be set off against Income from Salary. Business loss cannot be sett off against salary which was governed by section 71 but the depreciation is governed by section 32(2). So In my opinion Unabsorbed depreciation can be set off against salary.

unabsorbed depreciation can not be set off. however sec 32(2) does not restrict to set offf against salary head , if we read  it but logicaly  cant set off. IT deptt also not allowed to set off.

from Finance Act 2004  business loss can not be set off against salery head,  ITS OBJECT TO PREVENT DUMMY BUSINESS LOSSES.  AND ALSO WANT PREVENT DUMMY UNABSORBED DEP.

GENERALLY NOT POSSIBLE THAT A SALERY CLASS ASSESSE CAN HAVE   ASSETS ON WHICH HE CLAIM DEPRECIATION. IF HE WAS SALERY EARNER THEN WHEN HE RUN BUSINESS?

sO LOGICALY  CANT ALLOWED

BUT no case decided by court so untill unless no case is decided we have to take logical view HAS TO BE TAKEN 


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