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Loss Return is an ITR showing loss of Income.
As per this section, Certain losses are carry forward only if return filed under section 139(1) (i.e. within due date )
Such losses are
(a) Section 72(1) [Business loss]
(b) Section 73(2) [Speculation business loss]
(c) Section 74(1) [Capital loss]
(d) Section 74 A (3) [Loss from Owning/Maintaining Race Horses)
( e) Section 73A Loss of Specified Business under section 35AD (New Amedment)
Certain losses are not covered above .
they can be carry forward even if return not filed under section 139 (1)
Such losses are
(a) Loss from House Property
(b) Unabsorbed Depreciation
(c) Loss of Specified Business under section 35AD (New Amedment)
Note
- We know that every Company or Firm have to file I.T.R. compulsorily whether there is profit or loss.
- However, an Individual/AOP/BOI have to file I.T.R. only when there is Profit [GTI > 2,50,000].
- However in some case when such Individual / HUF / BOI suffer loss still they have to file I.T.R.
- This is because as per this section [139(3) ] certain losses can be carry forward only if return filed under Section 139(1) (i.e., within due date )
- This section only prohibits carry forward of losses [Not set-off of losses]
- This section does not prohibit brought forward of previous year losses
