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carry forward of loss from house property

CA Mohd Gouse (Chartered Accountant) (497 Points)

08 December 2007

dear freinds,

there is on issue over here,i wanted to know whether we can carry forward loss from house property if we are filing belated return???????.reply ASAp.

thank you...

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4 Replies

(Guest)

* Loss from a house property [Sec 71B] * Loss arising from a house property can be set off against income from any other house property or income from any other head in the same assessment year. * If income from house property is negative even after such set-off, then such loss can be carried forward up to eight assessment years for set-off. But in subsequent years, it can be set off only against income from house property. . Return of loss must be filed within due date of filing of return or else carry-forward of loss to the subsequent year is not allowed. However, this condition does not apply in case of house property loss and unabsorbed depreciation.

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(Guest)

as per section 139(3) loss return is required to be filed only in respect of losses covered by sections 72,73,74 and 74A . that means a loss suffered u/s71B LHP and 32(2) can be carry forward even if loss return is not filed consequently at the time of filing a return for subsequent years or a belated return - we can carry forward the IHP loss there is no restriction on this issue

(Guest)

Hi, yes we can carry forward the loss from house property even if there is belateed return filed(Refer Haryana Hotels S.C. case) also refer Vinod gupta Notes for Direct Taxes for CA final. feel free to contact at 9953410368 for any further assistance. Bye.

(Guest)

Since a person can carrying forward the loss from the head 'income from house property' without filing any return of loss, even if belated return is filed, such loss can be carried forward.