Enumerate the cases where a return of loss has to be filed on or before the due date specified u/s 139(1) for carry forward of the losses. Also…

CA Intermediate · Taxation · MTP · May 2024
Enumerate the cases where a return of loss has to be filed on or before the due date specified u/s 139(1) for carry forward of the losses. Also enumerate the cases where losses can be carried forward even though the return of loss has not been filed on or before the due date.

Suggested Answer and Working Notes:

First alternative As per section 139 (3) , an assessee is required to file a return of loss within the due date specified u/s 139 (1) for filing return of income. As per section 80, certain losses which have not been determined in pursuance of a return filed under section 139 (3) on or before the due date specified under section 139 (1) cannot be carried forward and set-off. Thus, the assessee has to file a return of loss under section 139 (3) within the time allowed u/s 139 (1) in order to carry forward and set off of following losses: loss under the head "Capital Gains",loss from activity of owning and maintaining race horses.business loss,speculation business loss andloss from specified business. However, following can be carried forward for set-off even if the return of loss has not been filed before the due date: Loss under the head “Income from house property” andUnabsorbed depreciation

Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax

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