Set off of current year STCG against b/f unabsorbed dep.

Tax queries 3711 views 22 replies

 as per sec. 32(2),b/f depreciation is treated as current year depreciation and thus qualifies for inter-head adjustment.

as for depreciation it can b set-off with any income except salary income bcoz we can't set-off business loss against salary and so also depreciation also can't be set-off with salary.

so we can adjust b/f dep. from STCG.

Replies (22)

 as per sec. 32(2),b/f depreciation is treated as current year depreciation and thus qualifies for inter-head adjustment.

as for depreciation it can b set-off with any income except salary income bcoz we can't set-off business loss against salary and so also depreciation also can't be set-off with salary.

so we can adjust b/f dep. from STCG.

Hello All

Can anybody post an extract of examble problem from any study material, text book in this regard.  I also request you all to post any case laws of high courts and supreme courts or tribunal order with citation. 

Best Wishes

Sathikonda

Unabsorbed depreciation can be set off or carried forward & set off indefiitely with any other head of income. Hence unabsorbed depr. can be set off with short term capital gain.

Thank u very much ..all.................................................................

 it can be sett off

Originally posted by : SANGAM CA(Final), CS (Final)



Originally posted by :Ritesh


"
I beg to differ
As per Sec 32(2), Unabsorbed De[preciation can be carried forward indefinitely & can be set off against Capital Gains also.
 
"



 ya i agree with this
it can b carried forward indefinitely and can b set off 
but cant b set offf against salary income .. 

unabsorbed dep can be carried forward for UNLIMITED period of time..................

their is no such limit of 8 years...such limit is applicable for loss arising out oh h/p ,capital loss,business loss..............

But in case of Unabsorbed depreciation carried forward from last year then Setoff against Capital Gain or not???


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