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Income Tax - Highlights / Catch Notes

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Incorrect set off of brought forward business loss and ...


Incorrect Set-Off of Business Losses Violates Income Tax Act Section 72(2), Misaligning with Proper Offset Method.

March 7, 2023

Case Laws     Income Tax     AT

Incorrect set off of brought forward business loss and unabsorbed depreciation - The working of the Ld. AO contains the mistakes as they are not in consonance with the provision of section 72(2) of the Act. The correct method for adjustment of brought forward losses, which the Ld. Assessing Officer ought to have adopted, was to first set off the brought forward assessed business loss for A.Ys. 2009-10 and 2010-11 against the positive business income for the year under consideration and whatever remained should have been allowed to be carried forward for set off in subsequent years. - AT

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