Can loss be carried forward only by the person, who has incurred the loss? Its urgent....................................................
Sandeep Pandey (CA FINAL) (1306 Points)
24 October 2009Can loss be carried forward only by the person, who has incurred the loss? Its urgent....................................................
MOHIT MAHAJAN
(LCS, ACA)
(2050 Points)
Replied 24 October 2009
Generally yes. However there are some exceptions sec 78(2)
1. by way of inheritance - If a person dies then his legal heir can carry and setoff loss in balance no. of years. (however unabsorbed depreciation can't be c/f)
2. amalgamation - refer section 72A, 72AA, 72AB
3. Succession of proprietary concern or firm by company - refer sec 47(XIII), 47(XIV)
4. Demerger
punam
(article assistant)
(56 Points)
Replied 27 October 2009
Loss can be generally carried forward by the same person. however there is an exception to the rule i.e in case of inheritance, Also the Act provides special cases such as Amalgamation, demerger,sucession of proprietary firm or concern by company (subject to the fulfillment of conditions specified therein) where the successor can carryforward the loss.
GSTR 9 and 9C for FY 23-24 as amended by Notification 12/2024 dated 10th July 2024(with recording)
CAclubindia
