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Carry forward & set off of losses by specified businesses [Section 73A] – Income Tax

Carry forward & set off of losses by specified businesses [Section 73A] :

(i) Any loss computed in respect of the specified business referred to in section 35AD shall be set off only against profits and gains, if any, of any other specified business.

(ii) The unabsorbed loss, if any, will be carried forward for set off against profits and gains of any specified business in the following assessment year and so on.

(iii) There is no time limit specified for carry forward and set -off and therefore, such loss can be carried forward indefinitely for set-off against income from specified business.

Note – The loss of an assessee claiming deduction under section 35AD in respect of a specified business can be set-off against the profit of another specified business under section 73A, irrespective of whether the latter is eligible for deduction under section 35AD. An assessee can, therefore, set-off the losses of a hospital or hotel which begins to operate after 1st April, 2010 and which is eligible for deduction under section 35AD, against the profits of the existing business of operating a hospital (with atleast 100 beds for patients) or a hotel (of two – star or above category), even if the latter is not eligible for deduction under section 35AD.

 

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