Mr. Sumit has submitted his income-tax return containing certain losses/deductions in respect of the P.Y. 2023-24 on 22.10.2024. The due date for…

CA Intermediate · Taxation · MTP · January 2025
Mr. Sumit has submitted his income-tax return containing certain losses/deductions in respect of the P.Y. 2023-24 on 22.10.2024. The due date for filing the return for Mr. Sumit was 31 st July, 2024 under section 139(1). You are required to examine with reference to the relevant provisions of Income-tax Act, 1961 whether the following losses/deductions can be carried forward/claimed in subsequent years by Mr. Sumit if he pays tax under default tax provisions of the Act. (i) Loss from the business carried on by him as a proprietor:10,80,000 (computed) (ii) Unabsorbed Depreciation:2,00,000 (computed) (iii) Loss from let out house property:2,50,000 (computed)

Suggested Answer and Working Notes:

Mr. Sumit has furnished his return of income under default tax regime for A.Y.2024-25 on 22.10.2024, i.e., after the due date specified under section 139 (1) i.e., 31 st July 2024. Hence, the return is a belated return under section 139 (4) . As per section 80 read with section 139 (3) , specified losses, which have not been determined in pursuance of a return of loss filed within the time specified in section 139 (1) , cannot be carried forward to the subsequent year for set-off against income of that year. The specified losses include, inter alia , business loss but does not include loss from house property and unabsorbed depreciation. Accordingly, business loss of 10,80,000 of Mr. Sumit for A.Y. 2024-25, not determined in pursuance of a return of loss filed within the time specified in section 139 (1) , cannot be carried forward to A.Y. 2025-26. However, the loss of 2,50,000 from let out house property and unabsorbed depreciation of 2,00,000 pertaining to A.Y.2024-25, can be carried forward to A.Y.2025-26 for set-off, even though Mr. Sumit has filed the return of loss for A.Y.2024-25 belatedly.

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

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