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“carry forward of losses”

Losses & Set-offSection 72Section 72260 judgments

The decision most relied on for carry forward of losses is Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT (340 ITR 477), cited in 213 judgments on BharatTax.

Leading authorities on carry forward of losses

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.

CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal
211 ITR 293 · 1995 · High Court
204
citing judgments

A charitable trust can carry forward its excess expenditure from previous years and adjust it against the income of subsequent years, which qualifies as an application of income under Section 11. Additionally, voluntary contributions received for a specific purpose are treated as corpus funds and are not taxable.

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. 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. Hariprasad & Company Pvt. Ltd.
99 ITR 118 · 1975 · Supreme Court
78
citing judgments

The terms 'income' or 'profits and gains' are inclusive of losses, signifying that losses are 'minus income' to be factored into the computation of taxable income. Therefore, set-off and carry forward provisions for losses apply exclusively to taxable income or gains and cannot be pressed into service against non-taxable gains, such as those exempt under a DTAA or other specific provisions.

CIT v. Himatasingike Seide Ltd.
286 ITR 255 · 2006 · High Court
73
citing judgments

Deduction under Section 10A of the Income-tax Act is to be allowed only after setting off unabsorbed depreciation and brought forward business losses against the profits of the business.

CIT v. DLF Commercial Developers Ltd.
35 Taxmann.com 280 · 2013 · High Court
51
citing judgments

Loss incurred by certain types of companies in trading derivatives is considered speculative loss under the Explanation to Section 73, as the value of stock derivatives depends on shares. Such speculative losses are ineligible for set-off or carry forward against business income.

CIT v. Manmohan Das
59 ITR 699 · 1966 · Supreme Court
47
citing judgments

The eligibility for an assessee to carry forward and set off losses, including capital losses, against future income is determined by the Assessing Officer in the year the set-off is claimed, not in the year the loss was incurred.

Judgments citing carry forward of losses

Asst. Commissioner of Income Tax, Central Circle-3(2), Hyderabad vs. Ascend Telecom Infrastructure Private Limited, Secunderabad

Appeal of the assessee is allowed for statistical purposes

ITA 552/HYD/2020[2010-11]Status: DisposedITAT Hyderabad05 Sept 2024AY 2010-11

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No.552/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2010-11) Asstt. Commissioner Of Vs. Ascend Telecom Income Tax, Central Circle Infrastructure (P) Ltd 3(2), Hyderabad Secunderabad Pan:Aaefa2381H (Appellant) (Respondent) आ.अपी.सं /Ita No.539/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2010-11) Ascend Telecom Vs. Asstt. Commissioner Of Infrastructure (P) Ltd Income Tax, Central Secunderabad Circle 3(2), Hyderabad Pan:Aaefa2381H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.R. Vasudevan राज" व "ारा/Revenue By:: Smt. T Vijayalakshmi, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 05/09/2024 घोषणा की तारीख/Pronouncement: 05/09/2024 आदेश/Order Per Manjunatha, G. A.M These Are Cross Appeals Filed By Both The Assessee As Well As The Revenue For The A.Y 2010-11 Against The Common Order Dated 31/07/2020 Of The Learned Cit (A) 11 Hyderabad.

For Appellant: Shri K.R. VasudevanFor Respondent: : Smt. T Vijayalakshmi, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153A

learned CIT(A) and the learned AO erred in law and on facts in not allowing carry forward of losses of amalgamating company in the hands of Appellant invoking the provisions of section 72A of the Act during the AY 2010-11. b) The learned CIT(A) and learned ... have observed that the Appellant has complied with the conditions prescribed under section 72A of the Act and hence, it is entitled for carry forward of losses pertaining to AY 2008-09 of the amalgamating company. The Appellant craves leave to add, alter, rescind and modify the grounds herein above

Ascend Telecom Infrastructure Private Limited, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-3(2), Hyderabad

Appeal of the assessee is allowed for statistical purposes

ITA 539/HYD/2020[2010-11]Status: DisposedITAT Hyderabad05 Sept 2024AY 2010-11

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No.552/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2010-11) Asstt. Commissioner Of Vs. Ascend Telecom Income Tax, Central Circle Infrastructure (P) Ltd 3(2), Hyderabad Secunderabad Pan:Aaefa2381H (Appellant) (Respondent) आ.अपी.सं /Ita No.539/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2010-11) Ascend Telecom Vs. Asstt. Commissioner Of Infrastructure (P) Ltd Income Tax, Central Secunderabad Circle 3(2), Hyderabad Pan:Aaefa2381H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.R. Vasudevan राज" व "ारा/Revenue By:: Smt. T Vijayalakshmi, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 05/09/2024 घोषणा की तारीख/Pronouncement: 05/09/2024 आदेश/Order Per Manjunatha, G. A.M These Are Cross Appeals Filed By Both The Assessee As Well As The Revenue For The A.Y 2010-11 Against The Common Order Dated 31/07/2020 Of The Learned Cit (A) 11 Hyderabad.

For Appellant: Shri K.R. VasudevanFor Respondent: : Smt. T Vijayalakshmi, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153A

learned CIT(A) and the learned AO erred in law and on facts in not allowing carry forward of losses of amalgamating company in the hands of Appellant invoking the provisions of section 72A of the Act during the AY 2010-11. b) The learned CIT(A) and learned ... have observed that the Appellant has complied with the conditions prescribed under section 72A of the Act and hence, it is entitled for carry forward of losses pertaining to AY 2008-09 of the amalgamating company. The Appellant craves leave to add, alter, rescind and modify the grounds herein above

Joint Commissioner of Income Tax(OSD), Corporate Circle-1(1), Chennai vs. M/S Casagrand Builder Private Limited, Chennai

Appeal stands allowed in terms of our above order

ITA 720/CHNY/2023[2016-17]Status: DisposedITAT Chennai08 Aug 2024AY 2016-17

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.720/Chny/2023 (िनधा*रणवष* / Assessment Year: 2016-17) Jcit(Osd) M/S. Casagrand Premier Builder Limited बनाम Corporate Circle-1(1) (Earlier Known As M/S Casa Grand Builder P. Ltd.) 5Th Floor, Npl Devi, New No.111, Old No.59. Lb Chennai. / Vs. Road, Thiruvanmiyur,Chennai-600 041 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-2758-A (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" की ओर से/ Revenue By : Mrs. Swapna Nanu Ambath & Sh. V. Nanda Kumar Ld. Cit-Drs A/W Shri D. Hema Bhupal (Jcit) – Ld. Sr. Dr " थ" की ओर से/ Assessee By : Shri B. Ramakrishnan (Ca) - Ld.Ar

For Appellant: Shri B. Ramakrishnan (CA) - Ld.ARFor Respondent: Mrs. Swapna Nanu Ambath & Sh. V. Nanda
Section 143(3)Section 147Section 148Section 72

Ld.CIT(A) has erred in holding that the Ld.AO did not have jurisdiction on the A.Y 2016-17 as the allowability of carry forward of loss has not been adjudicated in the base year i.e., A.Y 2015-16 in which such allowability should have been tested?" 4. For these ... original return was filed only on 01.12.2015. Since the original return was filed belatedly, the assessee company is not eligible to carry forward the loss. Hence, the claim of brought forward loss of Rs.5,02,78,910/- for AY 2016-17 is to be withdrawn. Though the assessee assailed proposed