Set off and Carry Forward of Income Tax Losses

The Income Tax Department provides relief to taxpayers when they incur any losses. The relief is provided as a deduction from the Taxpayer’s Income with some conditions and restrictions. This is the opposite side of the Income Tax Department which is known for the collection of huge taxes on Taxpayer’s Income.

Set off means setting off the loss in the same Assessment Year in which it is incurred.
Carrying forward and set off means carrying forward the losses and setting them in the future years.
There are a total of five heads of income under the Income Tax Act namely:


i. Salary Income
ii. Profit or Gains from Business or Profession
iii. Capital Gains Income
iv. House Property Income
v.  Other Sources Income


The Taxpayers income is divided into the above five categories for the collection of taxes.
There can never be a loss under the head salary. Hence there is no provision for Set-off and carry forward of its losses. The losses incurred under the head Other Sources are not allowed to be carried forward and set off.


Set-Off
There are two ways in which Set off of the losses is possible:
i. Intra Head Adjustment
ii. Inter Head Adjustment


Intra Head means setting off the loss within the same head. Example: Setting off the loss under PGBP from export business with the income under PGBP from manufacturing business. The Income Tax Act allows each kind of Intra adjustments except the following:
i.  Loss incurred from speculative business cannot be set off against non-speculative business income. For Example, Loss incurred from the Intra-day transactions of shares cannot be set off against the loss from the manufacturing business. But Losses from non-speculative businesses can be set off with income from speculative business.
ii.  Long Term Capital Loss cannot be set off with Short Term Capital Gain.
iii. Loss from casual income cannot be set off against any income. Casual income includes Income from lotteries, crossword puzzles, gambling or betting, etc.
iv. Losses from the business of owning and maintaining race horses cannot be set off against any income except income from the same business.
v. Losses from the business specified under Section 35AD (Specified Business) cannot be set off against Incomes except income from the same business. But Losses from Non-Specified Businesses can be set off against the Income of Specified businesses.


Inter Head means setting off the loss of one head with the income of the other head. Example: Setting off House Property Loss with the Salary Income. Under the Income-tax Act all kinds of Inter head adjustments are allowed except the following cases:
i. Losses from speculative business cannot be set off against income under any other head.
ii. Losses under the head PGBP cannot be set off against Salary Income.
iii. Losses under the head Capital Gain cannot be set off against any other head. But Losses under any other head can be set off with Income under the head Capital Gain.
iv. No loss can be set off against casual incomes.
v. Losses from the business of owning and maintaining race horses cannot be set off against any other head.
vi. Loss from the business specified under section 35AD cannot be set off against any other head of income.


Carry Forward and Set-off
The losses which could not be set off either by way of Intra head adjustments or Inter head adjustments are allowed to be carried forward to the future years subject to the conditions and restrictions as prescribed by the Act. Income Tax Act does not allow Carry forward and set off of Losses under the head Other Sources.
Losses under the various heads of income can be carried forward and set off only if the return has been filed on or before the due date of filing the return of income. But this provision does not apply in case of carrying forward of Loss under the head Income from House Property, it means loss under the head house property can be carried forward even if the return is filed after the due date.
However, there is no restriction on setting off the losses if the return is filed after the due date.


Losses under the head PGBP: It can be set off against any income except salary in the year the loss is incurred. If the loss could not be set off in the year loss was incurred it can be carried forward up to 8 Assessment Years and loss will be allowed to be set off against income under the head PGBP. It can be simply concluded that in the year the loss is incurred both Intra & inter head adjustments are possible, but in the years of carrying forward only intra head adjustments are possible.


Losses under the head Capital Gains: It can be set off or carried forward and set off in the following manner:


Losses                                             Set off/Carry forward and Set-off
Long Term Capital Loss                  Long Term Capital Gain
Short Term Capital Loss                 Long Term Capital Gain/Short Term Capital Gain
 

About The Auhor : VakilKaro

Vakilkaro is an online Platform and Provides Legal Services across India like Corporate laws, Civil laws, Criminal Laws, etc.

Comments

No Comments Yet !

ais-vakilkaro.jpeg
Annual Information Statement (AIS)- A New Statement for Filing Income Tax Return (ITR)

What Is AIS? Before discussing AIS, we should understand Form 26AS, a consolidated

Go To Post
set-off-1.jpeg
Set off and Carry Forward of Income Tax Losses

The Income Tax Department provides relief to taxpayers when they incur any losses. The relie

Go To Post
section-111a-and-112a-2.jpeg
Section 111A and 112A of the Income Tax Act

Introduction The capital gains on the transfer of short-term or long-term capital assets, being

Go To Post
home-lone-tax.jpeg
House Property – Taxation and Exemption

House Property – Taxation and Exemption Introduction House Property Income include

Go To Post
whatsapp-image-2021-11-29-at-5.57.24-pm.jpeg
Income From Other Sources

Introduction The income of the taxpayer is taxable under the Five heads of Income. The followin

Go To Post
png-1.jpg
Salary – Taxation and Exemption

Introduction Under the income tax act, the amount earned where there is an existence of the emplo

Go To Post
88888888888-1.jpg
Alternative Minimum Taxation (AMT)

Introduction The Income Tax Department has introduced AMT for non-corporate taxpayers. The AMT

Go To Post
tds-on-sale-of-house-property.png
TDS on Sale of House Property

Introduction The Income Tax Act provides the provisions for deduction of tax on the sale of house

Go To Post
tds-on-sale-of-house-property-(1).png
Cryptocurrency – Taxation India

Introduction Cryptocurrency is a digital currency. This currency is considered quite safer as com

Go To Post
tds-on-google-and-facebook-ads.png
TDS on Google and Facebook Ads

Introduction Advertisement through Google and Facebook has increased significantly due to

Go To Post
digital-marketing-agency-youtube-thumbnail---2022-11-28t162838.282.png
Taxation of Intraday and Derivative Transactions

Introduction With the increased knowledge among the people about Stock Market the transactions in

Go To Post
digital-marketing-agency-youtube-thumbnail---2022-11-28t163052.357.png
Deduction – 80U Introduction

Deduction – 80U Introduction Deduction under section 80U can be claimed from the Gr

Go To Post
Concept of Corporate veil under Companies Act 2013

Concept of Corporate veil under Companies Act 2013 The concept of corporate veil refers to the le

Go To Post
Deduction u/s 54F not deniable on ground of pre-owning of residential house in foreign

Deduction u/s 54F not deniable on ground of pre-owning of residential house in foreign Sectio

Go To Post
Rights Available for Trademark Registered Owners

Rights Available for Trademark Registered Owners Trademark registration provides owners with seve

Go To Post
What is the procedure for changing the name of a company or business in India?

What is the procedure for changing the name of a company or business in India? Changing the name

Go To Post
What is the difference between Copyright Claim and Copyright Strike?

What is the difference between Copyright Claim and Copyright Strike? What is a Copyright Claim?

Go To Post
What are the advantages and salient features of the MCA 21 Programme?

What are the advantages and salient features of the MCA 21 Programme? What is MCA 21? MCA 2

Go To Post
whatsapp-image-2023-04-06-at-4.47.58-pm.jpeg
What is Section 8 of the Company Act 2013?

Section 8 of the Companies Act 2013 relates to forming and regulating companies with charitable obje

Go To Post
What is a Patent Application, and how to file a Patent Application in India?

A patent application is a formal, legal document filed with a government patent office that seeks to

Go To Post
Evidences are not filled by the Opponent within time limit under Trademark, What should be the next step for Respondent?

Evidences are not filled by the Opponent within time limit under Trademark, What should be the next

Go To Post
red-black-modern-unboxing-youtube-thumbnail-(29).png
All about Lease and License

What is a lease? A lease is a legal contract between a landlord (lessor) and a tenant (lessee)

Go To Post
red-black-modern-unboxing-youtube-thumbnail-(30).png
Transfer a registered office from one State to another State

Transfer a registered office from one State to another State Q. 1. How to transfer a registered o

Go To Post
Meaning of Intellectual Property and How it can be registered in India

Meaning of Intellectual Property and How it can be registered in India What is the meaning of Int

Go To Post
red-black-modern-unboxing-youtube-thumbnail-(36).png
Protect Your Brand: A Guide to Trademark Registration

Protect Your Brand: A Guide to Trademark Registration What is the meaning of trademark registrati

Go To Post
red-black-modern-unboxing-youtube-thumbnail-(35).png
Goods and Services Tax: Simplifying Taxation and Creating a Unified Market

Goods and Services Tax: Simplifying Taxation and Creating a Unified Market GST Fullform: GS

Go To Post
"Breaking Traditions: Registering Non-Traditional Marks as Trademarks in India"

"Breaking Traditions: Registering Non-Traditional Marks as Trademarks in India" Tra

Go To Post
"Mastering Trademark Objection Replies: The Step-by-Step Guide"

"Mastering Trademark Objection Replies: The Step-by-Step Guide" What is the purpose

Go To Post
website-blogs-images-(3).png
Trademark vs. Copyright: Exploring Differences and Similarities

Copyright vs. Trademark: Exploring Differences and Similarities in Intellectual Property

Go To Post
website-blogs-images.png
Difference and Similarities Between Copyright and Trademark

कॉपीराइट और ट्रेडमार्क के बीच अंतर औ

Go To Post