Unabsorbed depreciation - its adjustment

Tax queries 604 views 1 replies

Dear all,

Clarify the two situations below:

 

1) During PY 10-11, on 01.04.2010, Sole proprietory business got converted into Partnership Firm transferring almost all assets and liabilties . During PY 09-10 (NTI of individual - proprietorship) there was an unabsorbed depreciation of Rs. 5L. 

Can unabsorbed depreciation of sole prop be adjusted against firm Income upon conversion PY 10-11 ?

 

2) If the answer to above question is in affirmative, kindly tell me as to how to handle this situation...  I have filed ITR for firm for PY 10-11 and PY 11-12 without showing such b/f unabsorbed losses.. Is there any remedy to adjust such Rs. 5L ?

 

Thanks in Advance

Ruban

 

Replies (1)

Can unabsorbed depreciation of sole prop be adjusted against firm Income upon conversion PY 10-11 ?

Unabsorbed Dep. can not be adjusted against the income of firm in firm's return. 

.

Unabsorbed Dep. can be set off against the income received from firmby the proprietor -in case he has also become a partner      

-income from firm : interest or remuneration.

. It can be set off against any other income of the prop. except Salary Head Income .

 

 

 


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