not filed return u/s 139(1)

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ravi agarwal (Querist)
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30 April 2011 as loss under house property n dep. can be carried forward and set off even if return is not filed u\s 139(1) read with sec 80 . and unabsorbed depriciation can be carry forward even if NO return is filed(CIT v. HARYANA HOTELS LTD.) but my query is whether LOSS FROM HOUSE PROPERTY CAN BE SET OFF EVEN IF NO RETURN IS FILED ??
SIR PLEASE HELP ME IN THIS REGARD

Surendra Singh Chouhan

Surendra Singh Chouhan (Expert)
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30 April 2011 Yes, Loss from house property and dep. can be carried forward and set off without filing the ROI ...
Also for carry forward of other losses, ROI should be filed in th A.Y. in which loss happened and in the next A.Y., it is not mandatory to file the ROI to claim the set off the previous losses...

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