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Rules for Offsetting Income and Losses in Indian Taxation: Set-Off and Carry Forward, Schemes and Mind Maps of Tax Legislation and Financial Law

The rules for setting-off and carrying forward losses in the indian taxation system. It covers set-off of losses against income of the same year, inter-source adjustment, inter-head adjustment, and the set-off of capital losses. The document also discusses exceptions to these rules, such as losses from speculation businesses, owning and maintaining race horses, and income from house property. Useful for university students, high school students, and lifelong learners studying taxation, accounting, or finance.

What you will learn

  • What are the exceptions to inter-head adjustment in Indian taxation?
  • What is the rule for setting-off losses against income of the same year in Indian taxation?
  • What is inter-source adjustment and how does it work?

Typology: Schemes and Mind Maps

2021/2022

Uploaded on 04/12/2022

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SET-OFF AND CARRY FORWARD OF LOSSES
Set-off of losses means setting-off losses against the income of
the similar year. Where it is not possible to set-off the losses
throughout the similar assessment year in which they occurred
so much of the loss as has not been so set-off out of sure
specified losses can be accepted forward for being set-off
against his income in the succeeding years provided the losses
have been determined in pursuance of a return filed through
the assessee within the time allowed uls 139(1) or within such
further time as may be allowed through the Assessing Officer
and it is the similar assessee who sustained the loss and the
business is continuing.
Inter-Source Adjustment
Where there is more than one source of income under the
similar head, the loss from one or more sources is allowed to be
set-off against the income from the other sources. It meaqs
that where the net result for any assessment year in respect of
any source falling under any head of income is a loss, the
assessee shall be entitled to have the amount of such loss set-
off against the income from any other source under the similar
head. This is described inter-source adjustment. For instance,
suppose an assessee has four house properties. Three of them
yield net taxable income; but from the fourth there is net loss.
The assessee can set off the loss of one house property against
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SET-OFF AND CARRY FORWARD OF LOSSES

Set-off of losses means setting-off losses against the income of the similar year. Where it is not possible to set-off the losses throughout the similar assessment year in which they occurred so much of the loss as has not been so set-off out of sure specified losses can be accepted forward for being set-off against his income in the succeeding years provided the losses have been determined in pursuance of a return filed through the assessee within the time allowed uls 139(1) or within such further time as may be allowed through the Assessing Officer and it is the similar assessee who sustained the loss and the business is continuing.

Inter-Source Adjustment

Where there is more than one source of income under the similar head, the loss from one or more sources is allowed to be set-off against the income from the other sources. It meaqs that where the net result for any assessment year in respect of any source falling under any head of income is a loss, the assessee shall be entitled to have the amount of such loss set- off against the income from any other source under the similar head. This is described inter-source adjustment. For instance, suppose an assessee has four house properties. Three of them yield net taxable income; but from the fourth there is net loss. The assessee can set off the loss of one house property against

the income of the remaining house properties. Likewise, if an assessee has four businesses of dissimilar nature, In a scrupulous year suppose from two businesses there is taxable profit and from the remaining two businesses there is loss. The loss of these two businesses can be set off against the profits of the other two businesses. Exceptions:

  • Speculation losses can be set off only against profits, if any, of another speculation businesses accepted on through the assessee. They cannot be set-off either against any other regular business or against any other head of income. *Losses from the activity of owning and maintaining race horses in any assessment year shall be set-off only against income from owning and maintaining race-horses only and not against any other income. *Losses from other businesses will not be allowed to be set-off against winnings from races, lotteries, etc.

Inter-Head Adjustment

Where in respect of any assessment year the net result of the computation under any head of income is a loss, the assessee shall be entitled to have the amount of such loss set-off against his income, if any, assessable under any other head of income.

under each head takes into account the expenditure incidental to earning such income. The aggregate of income under each head is recognized as "Gross Total Income". Sure deductions which are not necessarily referable to any scrupulous head are allowed out of Gross Total Income to arrive at the Total Income liable to tax.