Setoff CarryForward GTI
Setoff CarryForward GTI
Aggregation of Income:
In certain cases as specified between Section 68 to Section 69D of the Act, some amounts are
deemed as income in the hands of the assesse even though they are actually not in the nature
of income. The assessing officer may require the assesse to furnish an explanation w.r.t. such
cases and if the assesse fails to offer an explanation or if the explanation offered are not
satisfactory, the amount referred to in these sections would be deemed to be the income of
the assesse and have to be aggregated with the assesse’s income.
Clubbing of Income:
Income arising to a spouse of an individual:
a) Remuneration received from a concern in which the individual is substantially
interested i.e holds 20% or more of voting power (in case of company) either
individually or jointly with relatives or if such person is entitled to 20% or more
of the profits of such concern during anytime of the PY.
Note:
o The clubbing will not take place if such remuneration is solely received on
account of any technical or professional qualification of the spouse.
o In case both the partners have substantial interest in a concern, income will
be clubbed in the hands of that spouse whose total income excluding such
remuneration is higher.
Note:
o Only income arising from the transferred asset is to be clubbed. In case the
transferee spouse earns any income by investing the income from the
transferred asset will not be clubbed.
Note:
o In case any income is solely earned by the minor on account of manual work
or from any activity involving his skill, talent or knowledge or experience will
not be clubbed.
o In case of a transfer of house property to a minor child (not being a minor
married daughter) by the parents, the income from such house property shall
be clubbed in the hands of the transferor parent (being a deemed owner) and
not in the hands of the parent whose income excluding such income is higher.
Set-off of Losses:
Intra Head or Inter Source Adjustment:
As per the provisions of the Act, the losses incurred by the assesse in respect of one
source shall be adjusted from the income earned by him from any other source under
the same head during the previous year.
Eg: Loss from one House Property can be set off against the income from another
house property or Loss from one business say Textile can be set off against the
income from another business say Printing.
Exceptions:
o Long Term Capital Loss can only be adjusted against long term capital gains.
o Speculation loss can be adjusted from of any other speculation profits.
o Loss from activity of owning and maintaining race horses can only be adjusted
from profits from such activity only.
o Losses from specified business can only be adjusted from profits from such
specified business only.
Note:
o Loss under any head (except capital gains) can be set off against income under
any head including capital gains.
o Loss under the head PGBP cannot be set off against income under the head
Salaries.
o Loss under the head – Capital Gains can be set off against income under Capital
Gains only.
o Loss under the head – House Property up to Rs. 2 Lac can be set off against income
under any other head.
Carry Forward of Losses:
Loss under the Head – House Property: The unabsorbed loss i.e loss under the head
House Property after intra head as well as inter head adjustments shall be carried
forward and allowed to be adjusted with the income under the head House Property
only for a period up to 8 assessment years immediately after the previous year in
which the loss was first computed.
Loss under the Head – PGBP: The unabsorbed loss i.e loss under the head PGBP after
intra head as well as inter head adjustments shall be carried forward and allowed to
be adjusted with the income under the PGBP only for a period up to 8 assessment
years immediately after the previous year in which the loss was first computed.
However, loss computed under speculative business cannot be carried forward.
Loss under PGBP from Speculative Business: The unabsorbed loss i.e. loss under the
head PGBP exclusively from speculative business after adjustments with income from
any other speculative business shall be carried forward and allowed to be adjusted
with the income under the PGBP from speculative business only for a period up to 4
assessment years immediately after the previous year in which the loss was first
computed.
Loss under PGBP from Specified Business: The unabsorbed loss i.e loss under the head
PGBP exclusively from specified business after adjustments with income from any
other specified business shall be carried forward and allowed to be adjusted with the
income under the PGBP from specified business only for an indefinite period
immediately after the previous year in which the loss was first computed.
Loss under Capital Gains: The unabsorbed loss i.e. loss under the head Capital Gains
after adjustments with income from any other Capital Gains shall be carried forward
and allowed to be adjusted with the income under the head Capital Gains only for a
period up to 8 assessment years immediately after the previous year in which the loss
was first computed.
However, where the carried forward loss under capital gains is Short Term, it can be
adjusted with any capital gains viz Short Term or Long Term where as if it is a long
term capital loss, it can only be adjusted with long term capital gains.
Loss from the activity of owning and maintaining of race horses: The unabsorbed loss
i.e. loss from these activities after adjustments with income from same activity shall
be carried forward and allowed to be adjusted with the income from same activity
only for a period up to 4 assessment years immediately after the previous year in
which the loss was first computed.
3. Compute the Gross Total Income of Mr. F for the AY 2023-24 from the information given
below:
Particulars Amounts (Rs.)
Income from House Property 1,25,000/-
Income from Business before Depreciation 1,35,000/-
Short Term Capital Gains on unlisted shares 56,000/-
Long Term Capital Loss from Sale of Property 90,000/-
Current Year Depreciation 26,000/-
Dividend from Indian Companies 80,000/-
Brought Forward Business Loss (computed 6 years ago) 45,000/-