Set Off

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SET OFF AND CARRY FORWARD OF LOSSES

Can be carried
Sr.
Section Types of Loss Set Off against Income forward (subject to
No.
notes 4 and 8) for

In same In subsequent
Assessment Year Assessment Year

1 72 Business or Profession Business Income Business Income 8 years

(non-speculation Head or any other (Note 1)
other than head (other than
Depreciation) salaries)

2 32(2) Depreciation Business Income or Business Income or Indefinitely

any other head any other head

3 73 Speculation Loss (See Speculation profit Speculation profit 4 years

Note 2) only only

4 70/74 Short-term Capital Any Capital Gain Any Capital Gain 8 years
Loss

5 70/74 Long-term Capital Long-Term Capital Long-Term Capital 8 years

Loss (other than Gain Gain
equity shares
and units of equity
oriented
mutual fund which are
subjected to STT)

6 10(38) Long-Term Capital Not eligible for set Not eligible for set N.A.
Loss on equity shares off (See Note 7) off (See Note 7)
& units of equity
oriented mutual fund
which are subjected
to STT
(See Note 7)

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 Set Off

7 74A Loss from Owning and Such income only Such income only 4 years
Maintaining race
horses

8 71 Other Sources Other Sources or No Carry Forward N.A.

any other income

9 71B House Property Income from House Income from House 8 years
Property or any
other Property
head

10 72A In case of See Note 5 See Note 5 8 years

amalgamation (See
Note 5)

72A(1) (a). Accumulated Business Income of 8 years from the

business losses of the the Amalgamated expiry of the year of
Amalgamating company (See Note Amalgamation
company 5)

72A(1) (b). Unabsorbed Any Income of the Indefinitely

Depreciation of the Amalgamated
Amalgamating company (See Note
company 5)

11 72A In case of Demerger See Note 6 See Note 6

(See Note 6)

72A(4) (a) Accumulated Business Income of Unexpired period out

business losses of the the Resulting of total permissible
Demerged company company See Note 6 period of 8 years

72A(4) (b) Unabsorbed Any Income of the Indefinitely

Depreciation of the Resulting company
Demerged company See Note 6

12 72A In case of Firm/Prop.

Concern succeeded by
company

72A(6) (a). Accumulated Business Income of 8 years from the

business losses of the the Successor expiry of the year
Firm/Concern company of Conversion

72A(6) (b). Unabsorbed Any Income of the Indefinitely

Depreciation of the Successor company
Firm/Concern

Notes

1. From A.Y. 2000-2001, there is no need to continue the same business in which the loss was incurred.
2. Transactions of trading in derivatives entered into on

recognised stock exchange through a broker, or SEBI recognised intermediary and supported by a time
stamped contract note is excluded from the definition of speculative transaction Section 43(5)(d). Thus,
such a loss can be set off against any other income.

3. The effect of depreciation, business loss and investment allowance should be given in the following order:

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Set Off

● Current Year’s Depreciation

● Unabsorbed Business loss
● Unabsorbed Depreciation
● Unabsorbed Investment Allowance.

4. In terms of Section 80, the losses can be carried forward only if determined in pursuance of the return filed
within the time prescribed u/s. 139(1) except Depreciation and House Property.
5. In case of Amalgamation, accumulated Loss and

unabsorbed depreciation of Amalgamating company can be transferred to Amalgamated company, if

a. Amalgamated company holds 3/4th value of assets acquired from Amalgamating Company for 5
years from date of Amalgamation.
b. Amalgamated company continues to carry on the business of the amalgamating company for at
least 5 years.
c. The Amalgamated company shall achieve the level of production of at least 50% of the installed
capacity of the said undertaking before the end of the four years from the date of amalgamation
and continue to maintain the said minimum level of production till the end of 5 years from the
date of amalgamation. (Rule 9C).
d. Amalgamated Company furnishes CA certificate in Form No. 62 (Rule 9C).

a. Amalgamating company has been engaged in the business in which the accumulated
loss occurred or depreciation remains unabsorbed for 3 or more years.
b. It has held continuously as on the date of amalgamation at least ¾ of the book value
of fixed assets held by it 2 years prior to the date of amalgamation.

6. In case of Demerger, accumulated loss and unabsorbed depreciation of Demerged Company can be
transferred to Resulting Company;

a. where such losses and depreciation is directly relatable to undertaking transferred, the whole of
such losses or depreciation.
b. where such losses and depreciation is not directly relatable to undertaking transferred then such
losses and depreciation would be apportioned in ratio of assets retained by the Demerged
Company and transferred to the Resulting Company.

7. Long-Term Capital Gains in respect of equity shares sold in recognised stock exchange and units of equity
oriented mutual fund which has suffered Securities Transaction Tax (STT) are exempt u/s. 10(38) with effect
from
1-10-2004.
8. In case of company in which public are not substantially interested (i.e. closely held companies), Unabsorbed
Loss relating to any assessment year can be carried forward and set off against income in a subsequent year
only if on the last day of the previous year in which the loss is sought to be set off, the shares of the
company carrying not less than 51% of voting power are beneficially held by the persons who beneficially
held the shares of the company carrying not less than 51% of the voting power on the last day of the
previous year in which the loss was incurred (Sec. 79).

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