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“set off of losses”

Losses & Set-offSections 70-80Sections 70-80275 judgments

The decision most relied on for set off of losses is CIT v. Yokogawa India Ltd. (391 ITR 274), cited in 290 judgments on BharatTax.

Leading authorities on set off of losses

CIT v. Yokogawa India Ltd.
391 ITR 274 · 2017 · Supreme Court
290
citing judgments

Deduction under Section 10A or 10AA of the Income-tax Act is computed on the profits of the eligible unit without first setting off losses from other units or non-eligible units. Conversely, losses incurred by an eligible unit are allowed to be set off against the assessee's other taxable business profits.

Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT
340 ITR 477 · 2012 · High Court
213
citing judgments

If unabsorbed depreciation or losses from years prior to the initial assessment year for Section 80-IA claim have already been set off against other income, they cannot be notionally carried forward again to reduce the profits of the eligible unit for computing deduction under Section 80-IA. The notional carry forward provision under Section 80-IA(5) applies only to unabsorbed depreciation or losses that have not yet been absorbed.

Income Tax v. Institute of Banking Personnel Selection (IBPS)
131 Taxmann 386 · 2003 · High Court
188
citing judgments

The Income Tax Act, 1961, does not permit the carry forward of excess expenditure of a charitable trust to be set off against future surpluses, as such trusts are governed by a self-contained code under Sections 11 to 13, not the head 'Profits and Gains of Business'. However, depreciation on fixed assets is allowable to a charitable institution registered under section 12A.

CIT v. J.H. Gotla
156 ITR 323 · 1985 · Supreme Court
176
citing judgments

The Supreme Court holds that for income tax purposes, the term 'income' includes 'loss,' allowing for the set-off of a spouse's or minor child's business losses when their income is clubbed with the assessee. This decision emphasizes interpreting tax statutes, especially benevolent provisions, by considering the legislative scheme over a strict literal construction.

Fakir Mohmed Haji Hasan v. CIT
247 ITR 290 · 2001 · High Court
136
citing judgments

Income deemed under sections 68, 69, 69A, 69B, or 69C of the Income-tax Act is a distinct category, separate from regular heads of income under Section 14, and losses from other heads, including business losses, cannot be set off against such deemed income.

CIT v. Matriseva Trust
242 ITR 20 · 2000 · High Court
91
citing judgments

An excess of expenditure incurred by a charitable trust in previous years can be adjusted against the income of a subsequent year, and this adjustment is considered an application of income for charitable purposes under Section 11.

CIT v. Ace Builders (P) Ltd.
281 ITR 210 · 2005 · High Court
88
citing judgments

The deeming fiction in Section 50, which treats capital gains from depreciable assets as short-term, applies only for the purpose of computing capital gains under that section. For other provisions, such as set-off of losses under Section 74 or deductions under Section 54E/54EC, the asset's original character (long-term or short-term) is to be considered.

Synco Industries Ltd. v. Assessing Officer (IT) & Another
299 ITR 444 · 2008 · Supreme Court
82
citing judgments

When computing deductions under Chapter VI-A, such as Section 80IA, losses from other business undertakings must be set off against the profits of the eligible undertaking before calculating the deduction. No deduction under Section 80IA is permissible if the overall 'Profits & Gains of Business or Profession' results in a loss.

Judgments citing set off of losses

Tge Gas Engineering Gmbh, Germany vs. DCIT, Circle Int. Taxation 3(1)(1), Delhi

In the result, the appeal of the assessee is partly allowed

ITA 1958/DEL/2022[2018-19]Status: DisposedITAT Delhi09 Mar 2023AY 2018-19

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat[Assessment Year : 2018-19] Tge Gas Engineering Gmbh, Vs Dcit, Mildred-Scheel-Str., 1 D-53175 Circle-International Bonn, Germany, Germany. Taxation 3(1)(1), Pan-Aadct7387B Delhi. Appellant Respondent Appellant By Shri S.K.Aggarwal, Ca Respondent By Shri Gangadhar Panda, Cit Dr Date Of Hearing 14.12.2022 Date Of Pronouncement 09.03.2023 Order Per Kul Bharat, Jm : The Present Appeal Filed By The Assessee For The Assessment Year 2018- 19 Is Directed Against The Order Of Ld. Cit(A), International Taxation 3(1)(1), Delhi Passed U/S 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (“The Act”) Dated 28.07.2022. The Assessee Has Raised Following Grounds Of Appeal:-

Section 143(3)Section 144CSection 270A

assessee has set- off losses in return of income, income tax authorities are required to give effect to section 72(1)(i) and set-off such losses. Thus, Assessing Officer was directed to consider assessee's claim of set-off of unabsorbed losses/depreciation against declared income. "The A.O. is directed ... Counsel for the assessee submitted that in pursuance to the direction of Ld.DRP, the AO did not allow set off of loss of earlier years amounting to Rs.9,80,71,711/- on the basis that assessee has not claimed brought forward loss in the Income tax return for the year

Rocksalt Interactive Games Private Limited, Hyderabad vs. Income Tax Officer, Ward-3(2), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 403/HYD/2020[2015-16]Status: DisposedITAT Hyderabad12 Dec 2022AY 2015-16

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarm/S. Rocksalt Interactive Income Tax Officer, Vs. Games Pvt. Ltd., Ward 3(2), Hyderabad. Hyderabad. Pan Aafcr3033A (Appellant) (Respondent) Appellant By : Shri P. Murali Mohan Rao, C.A. Respondent By : Shri Vijay Bhaskar Reddy, Cit-Dr Date Of Hearing : 16.11.2022 Date Of Pronouncement : 12.12.2022 O R D E R Per Shri Laliet Kumar, J.M. : This Appeal Filed By The Assessee Is Directed Against The Order Dt.30.03.2020 Of The Learned Pr. Commissioner Of Income Tax/Cit-3, Hyderabad Relating To Assessment Year 2015-16 U/S. 263 Of The Income Tax Act, 1961 (In Short ‘The Act’).

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Vijay Bhaskar
Section 139Section 139(1)Section 263Section 72Section 73Section 73ASection 74Section 74ASection 80

revision u/s.263 of the Act. (b) The Ld. Pr. CIT ought to have appreciated that the very issue of incorrect carry forward and set off of losses raised by him in his show-cause notice dated 28.02.2020 has already become the subject matter of rectificatory proceedings ... reasons that AO had passed the Assessment order u/s 143(3) of the Act by allowing the brought forward and set off business loss, claimed by the assessee company without making sufficient inquiry. In the present case, once a set off of loss has been disclosed in the income