Unabsorbed depreciation for a.y. 1992-93

Limited Manufacturing Company

During scrutiny for the AY 2010-11 the ITO writes:

"  In the computation of total income, you had claimed set off of brought forward unabsorbed depreciation of the A.Y. 1992-93 of Rs. 3,86,340/-. But as per provision of  Sec. 32(2), the unabsorbed depreciation for A.Y. 1992-93 can be carried forward upto 8(eight) succeeding years i.e. A.Y. 2001-02 only. Similarly, unabsorbed depreciation for the A.Y. 1992-93, 1995-96 and 2001-02 can be set off upto the A.Y. 2000-01, 2003-03 and 2009-10 only. In view of above, you are requested to explain as to why above mentioned set off of unabsorbed depreciation should not be disallowed."

Kindly advise if the ITO is correct ?

Replies (1)

unabsorbed depreciation loss can be carried forward for any number of years and setoff, this provision is applicable only w.e.f 01-04-2002. ITO is correct. (u need to look for any case laws for diffrence of opinion)

 

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