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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.
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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.
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:
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.