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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

Deputy CIT-5(1)(1), Mumbai vs. M/S Essar Shipping Limited, Mumbai

In the result, the appeal filed by the revenue stands dismissed

ITA 821/MUM/2022[2015-16]Status: DisposedITAT Mumbai14 Nov 2022AY 2015-16

Bench: Shri Amit Shukla, Jm & Shri M Balaganesh, Am आयकरअपीलसं./ I.T.A. No. 821/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2015-16) M/S Essar Shipping Dy. Cit-Circle – 5(3)(1), Limited R. No. 568, Aayakar बिधम/ Essar House, 11, K K Bhavan, M. K. Road, Vs. Marg, Mahalaxmi, Mumbai-400 020 Mumbai-400 034 स्थायीलेखासं./जीआइआरसं./ Pan No. Aacce3707D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Prakash R. Mane, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Manoj Patwari/ Shri Rishav Patwari, Ld. Ars सुनवाईकीतारीख/ : 18.08.2022 Date Of Hearing घोषणाकीतारीख / : 14.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against Impugned Order Dated 28.02.2022, Passed By Ld. Cit (Appeals)-56, Mumbai For The Quantum Of Assessment Passed U/S 143(3) R.W.S.

For Appellant: Shri Prakash R. ManeFor Respondent: Shri Manoj Patwari/ Shri
Section 115VSection 143(3)Section 28Section 43Section 92Section 92F

before setting off any deductions from the total income as provided under Chapter VIA of the Act. 37. Section 71 provides set off of losses from one head against income from another head other than the capital gains. Thus, section 71 provides set-off of business loss even from ‘income ... there is a specific restriction not only for allowance of expenditure deduction in respect of any expenditure or allowance but also restriction on set off of loss. For the sake of ready reference, section 115BBDA is reproduced as under:- 45 I.T.A. No. 821/Mum/2022 M/s Essar Shipping Limited 115BBDA. (1) Notwithstanding

Addl CIT RG 10(2), Mumbai vs. Geometric Softwar Solutions Co. Ltd, Mumbai

In the result, ground no

ITA 6219/MUM/2010[2005-06]Status: DisposedITAT Mumbai29 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm M/S Geometric Software The Acit Solutions Company Ltd. Ward 10(2), [ Now Merged With Hcl Room No.432, 4Th Floor, Technologies Limited ] Vs. Aayakar Bhavan, M.K. Marg, 806, Sidharth, 96 Nehru Mumbai-400 020 Place, New Delhi 19 (Respondent) (Appellant) Pan No. Aabcg 0066 A Co No. 157/Mum/2011 (Arising In Ita No.6219/Mum/2010 For A.Y. 2005–06) M/S Geometric Software Solutions Company Ltd. The Acit (Now Gemetric Ltd.) [ Now Ward 10(2), Room No.432, 4Th Floor, Merged With Hcl Vs. Technologies Limited] Aayakar Bhavan, M.K. Marg, Mumbai-400 020 806, Sidharth, 96 Nehru Place, New Delhi 19 (Respondent) (Cross Objector) Assessee By : Shri Porus F. Kaka & Shri Manish Kanth, Ars‟ Revenue By : Shri Sumit Kumar, Dr Date Of Hearing: 21.07.2022 Date Of Pronouncement : 29.07.2022

For Appellant: Shri Porus F. Kaka &For Respondent: Shri Sumit Kumar, DR
Section 10ASection 14A

partly allowed the appeal of the assessee. the learned CIT (A) a. decided against the assessee with respect to the set off of losses of the eligible unit for deduction under Section 10A of the Act against the profit of non- Geometric software solutions co. ltd; A.Y. 05–06 eligible ... come to the appeal of the assessee. Ground number 1 is against the order of the learned CIT – A in setting of the loss of one eligible unit against the profit of the other eligible unit. The learned Authorized Representative submitted that this issue is squarely covered in favour

Geometric Software Solutins Co. Ltd ( Now Gemetric Ltd), Mumbai vs. Addl CIT RG 10(2), Mumbai

In the result, ground no

ITA 5975/MUM/2010[2005-06]Status: DisposedITAT Mumbai29 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm M/S Geometric Software The Acit Solutions Company Ltd. Ward 10(2), [ Now Merged With Hcl Room No.432, 4Th Floor, Technologies Limited ] Vs. Aayakar Bhavan, M.K. Marg, 806, Sidharth, 96 Nehru Mumbai-400 020 Place, New Delhi 19 (Respondent) (Appellant) Pan No. Aabcg 0066 A Co No. 157/Mum/2011 (Arising In Ita No.6219/Mum/2010 For A.Y. 2005–06) M/S Geometric Software Solutions Company Ltd. The Acit (Now Gemetric Ltd.) [ Now Ward 10(2), Room No.432, 4Th Floor, Merged With Hcl Vs. Technologies Limited] Aayakar Bhavan, M.K. Marg, Mumbai-400 020 806, Sidharth, 96 Nehru Place, New Delhi 19 (Respondent) (Cross Objector) Assessee By : Shri Porus F. Kaka & Shri Manish Kanth, Ars‟ Revenue By : Shri Sumit Kumar, Dr Date Of Hearing: 21.07.2022 Date Of Pronouncement : 29.07.2022

For Appellant: Shri Porus F. Kaka &For Respondent: Shri Sumit Kumar, DR
Section 10ASection 14A

partly allowed the appeal of the assessee. the learned CIT (A) a. decided against the assessee with respect to the set off of losses of the eligible unit for deduction under Section 10A of the Act against the profit of non- Geometric software solutions co. ltd; A.Y. 05–06 eligible ... come to the appeal of the assessee. Ground number 1 is against the order of the learned CIT – A in setting of the loss of one eligible unit against the profit of the other eligible unit. The learned Authorized Representative submitted that this issue is squarely covered in favour

Deputy Commissioner of Income Tax, Circle- 2(1)(1), Bangalore vs. M/S. 24/7 Customer Private Limited, Bangalore

In the result, the appeal filed by the revenue stands partly allowed for statistical purposes

ITA 228/BANG/2020[2005-06]Status: DisposedITAT Bangalore30 Jun 2022AY 2005-06

Bench: Smt. Beena Pillai & Ms. Padmavathy Sit(Tp)A No. 228/Bang/2020 Assessment Year : 2005-06 M/S. 24/7 Customer Pvt. Ltd., The Deputy Embassy Golflinks Business Commissioner Of Park, Income Tax, Challaghatta Village, Circle – 2 (1)(1), Off Intermediate Ring Road, Bangalore. Vs. Varthur Hobli, Bangalore – 560 071. Pan: Aaacz1014A Appellant Respondent : Shri Jeepan Nagpal & Mrs. Assessee By Pallavi Sharma, Ca : Dr. Manjunath Karkihalli, Revenue By Cit Dr Date Of Hearing : 17-05-2022 Date Of Pronouncement : 30-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Revenue Against Order Dated 29/11/2019 Passed By The Ld.Cit(A)-2, Bangalore For A.Y. 2005- 06 On Following Grounds Of Appeal: “Grounds Of Appeal & Question Of Law: A) The Learned Cit(A) Has Erred In Law & In Fact Seeking Exact Comparability Under Tnnm?

For Respondent: Shri Jeepan Nagpal & Mrs
Section 10ASection 143(1)Section 143(2)Section 143(3)Section 92C

passing the assessment order Ld.AO did not allow set off of brought forward losses against the income eligible for deduction u/s 10A and set off of losses of non-10A units against the profits of 10A unit. The Assessing Officer also did not reduce the communication expenses and lease line ... proceedings- S.No. Issue before CIT(A) Decision Set off of brought forward losses against i. Allowed income claimed as deduction u/s I OA Set off of losses of non-10A units against the ii. Allowed profit of the s. 10A unit Reduction of telecommunication charges and lease line expenditure from

M/S. Nicholas Piramal India Ltd, Mumbai vs. The ACIT Cur 7(1)

In the result, the appeal filed by the revenue is dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 769/MUM/2008[2004-2005]Status: DisposedITAT Mumbai28 Jun 2022AY 2004-2005

Bench: Shri Pavan Kumar Gadale & Shri S Rifaur Rahmanpiramal Enterprises Ltd Vs. Acit, Circle – 7(1) (Formerly Known As Aayakar Bhavan Piramal Healthcare Ltd) Mumbai – 400020. (Before Known As Nicholas Piramal Ind) Piramal Tower, Ganpatrao Kadam Marg, Lower Parel, Mumbai – 400013. Pan/Gir No. : Aaacn4538P Appellant .. Respondent Dcit, Circle – 7(1) Vs. Piramal Enterprises Ltd Aayakar Bhyavan (Formerly Known As Mumbai – 400 020. Piramal Healthcare Ltd) (Before Known As Nicholas Piramal Ind) Piramal Tower, Ganpatrao Kadam Marg, Lower Parel, Mumbai – 400 013. Pan/Gir No. : Aaacn4538P Assessee By : Mr.Ronak Doshi & Ms.Manshi Padhiyar.Ar Revenue By : Mr.S.N.Kabra.Dr

For Appellant: Mr.Ronak Doshi &For Respondent: Mr.S.N.Kabra.DR
Section 143(3)Section 145Section 32Section 35Section 80

profit. 8. On the facts and in the circumstances of the case and in law, the CIT(A) erred in directing to allow set off of losses / depreciation of Tools Division of Rs.2,34,54,04,405/- on account of demerger without appreciating the fact that the entire scheme ... 1954/Mum/2008 M/s Nicholas Piramal India Ltd, Mumbai. 7. The A,O dealt on issue (xi) set off of losses/ depreciation on amalgamation, the AO dealt at Para 17.7 to 17.15 of the order on the provisions of Sec72A of the Act, scheme of amalgamation, demerger and notes on Accounts