Section 72 of the Income Tax Act

Income-tax Act, 2025: s.112

Section 72 of the Income-tax Act, 1961 corresponds to section 112 (Carry forward and set off of business loss) of the Income-tax Act, 2025.

Read section 112 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 72 is Bush Boake Allen (India) Ltd. v. ACIT (273 ITR 152), cited in 29 of the 386 judgments on BharatTax that turn on this section.

Leading authorities on Section 72

Bush Boake Allen (India) Ltd. v. ACIT
273 ITR 152 · 2005 · High Court
29
citing judgments

Allocation of R&D expenditure to eligible units is not clearly warranted when R&D units are maintained within manufacturing units and not as independent entities. This is particularly relevant when the Assessing Officer allocates R&D expenses to Export Oriented Units (EOUs) in the ratio of turnover, and the Commissioner (Appeals) has deleted such additions.

UOP LIC v. Additional Director of Income
108 ITD 186 · 2007 · ITAT
16
citing judgments

The Tribunal can allow the admission of additional evidence at the appellate stage if the assessee demonstrates a substantial cause for not producing it before the lower authorities. This discretion must be exercised judiciously, not arbitrarily.

CIT v. Hoechst Dyes and Chemicals Pvt Ltd.
240 ITR 1 · 1999 · Supreme Court
12
citing judgments

Electrical installations, including wiring, call bells, buzzers, and door locks, are considered furniture and fittings, not plant and machinery, and are thus eligible for depreciation at the rate of 10%.

CIT(A) v. Haryana Hotels Ltd.
276 ITR 521 · 2005 · High Court
11
citing judgments

An assessee is not legally required to file a return within the time prescribed under Section 139(1) to carry forward and set off unabsorbed depreciation.

Zandu Pharmaceuticals Work Ltd. v. CIT
31 Taxmann.com 191 · 2013 · High Court
11
citing judgments

Common corporate expenses should not be allocated when computing the profit of an SEZ unit, if the expenses were not incurred for that specific unit.

94) (SC); (ii) Nandi Steels Ltd. v. ACIT (436 ITR 22S) (Kar HC); (iii) Digital Electronics ltd. Vs. ADIT
16 Taxmann.com 316 · 2011 · Reported
7
citing judgments
Solvent & Vanaspati Industries Ltd. 16 DTR 492 (Asr Trib.) 2. Suresh Industries Pvt. Ltd. v. ACIT
27 Taxmann.com 203 · 2012 · ITAT
6
citing judgments
Nandi Steels Ltd. Vs. ACIT (436 ITR 22S) (Kar HC); (iii) Digital Electronics ltd. v. ADIT (
432 ITR 277 · 2021 · High Court
5
citing judgments
CIT v. Yokogava India Ltd.
77 Taxmann.com 51 · 2017 · Supreme Court
5
citing judgments
Ram Dayal CIT 18 ITR 375 (All.); M.K Muhammad Ibrahim vs. CIT 10 ITR 64 (Mad.), CIT v. Jug Sah Muni Lai Sah
123 ITR 648 · 1980 · High Court
4
citing judgments

Judgments on Section 72

Srikant Mohta, Kolkata vs. CIT, Central Circle - II, Kolkata

In the result, both the appeals of the assessee are allowed

ITA 1988/KOL/2010[2004-05]Status: DisposedITAT Kolkata16 Jan 2019AY 2004-05

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara Ravi) Assessment Year: 2004-05 Assessment Year: 2006-07 Srikant Mohta..............................……….….............................…..……………….…...……..…….............Appellant P-31A, Kalakar Street Kolkata – 700 007 [Pan : Afapm 1673 C] Vs. Commissioner Of Income Tax, Central Circle-Ii, Kolkata..…........………………...…...........Respondent Appearances By: Shri Sanjay Modi, Ca, Appeared On Behalf Of The Assessee. Shri A.K. Singh, Cit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 17Th , 2018 Date Of Pronouncing The Order : January 16Th , 2019 Order Per J. Sudhakar Reddy, Am :- Both These Appeals Are Filed By The Assessee & Are Directed Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax Central-Ii, Kolkata, (Ld. Cit(A)) Passed U/S. 263 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 08/09/2010, For The Assessment Year 2004-05 & Dt. 10/09/2010, For The Assessment Year 2006-07. 2. We First Take Up Ita No. 1988/Kol/2010; Assessment Year 2004-05, For Adjudication. The Disposal Of This Appeal Would Decide The Fate Of The Appeal Of The Assessee In Ita No. 1989/Kol/2010; Assessment Year 2006-07. 3. We Have Heard Rival Contentions. On Careful Consideration Of The Facts & Circumstances Of The Case, Perusal Of The Papers On Record, Orders Of The Authorities Below As Well As Case Law Cited, We Hold As Follows:- 4. We Find That The Hon’Ble Calcutta High Court Has In Itat No.19 Of 2015 Ga No.246 Of 2015 & Itat No.20 Of 2015 Ga No.247 Of 2015; Judgment Dt. June 25Th 2018, In The Assessee’S Own Case, Framed The Following Questions:-

Section 132Section 139Section 139(3)Section 153ASection 153A(1)(a)Section 263Section 72Section 80