can we set off unabsorbed dep agAINST SALARY? SITE ANY CASE LAW IF POSSOIBLE?
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The question of adjusting any loss with head of income 'salary' will arise with respect to loss from any other head only . Unabsorbed depreciation is not a head in itself . Therefore, adjusting unabsorbed depreciation ( which is not a Head ) with another head ´Salary´ will be without any basis of principal of aggregation of income and shall be defeating the income tax law itself .
Case Law :- decision of Mumbai Tribunal Chandrakumar v ACIT 189 TTJ 489 dt 20 November 2009