Section 112 — Carry forward and set off of business loss

Old Act equivalent: Section 72 of IT Act 1961 Sub-part: Set off, or carry forward and set off of losses

Statutory Text

  1. (1) Where for any tax year, loss computed under the head “Profits and gains

of business or profession” (not being a loss sustained in a speculation business) cannot be wholly set off against the income under any other head as per section 109, so much of the loss not so set off or the whole loss, as the case may be, shall be carried forward to the following tax year and—

(i) be set off against the profits and gains, if any, of any business or profes sion carried on by him for that tax year; and

(ii) if the loss cannot be wholly so set off, the amount of loss not so set off shall be carried forward to the following tax year and so on. (2) No loss shall be carried forward under this section for more than eight tax years immediately succeeding the tax year for which the loss was first computed. (3) Where any allowance of part thereof under section 33(11) or 45(7) is to be carried forward, effect shall first be given to the provision of this section. Set off and carry forward of losses computed in respect of speculation business.

Provisos

None.

Explanations

None.

Tables

Present in statutory text above — see formatted section.

Key Structure

  • Applies to: All assessees with business losses (non-speculation)
  • Conditions: Loss under head Profits and gains of business or profession not fully set off under section 109
  • Time limits: Carry forward for maximum 8 tax years from year of loss
  • Monetary limits: No specific monetary limit
  • Exceptions: Not applicable to speculation business losses (see section 113); allowance under section 33(11) or 45(7) takes priority

Cross-References

  • Section 33
  • Section 109

Amendment Notes

None noted from the extracted pages.

Practical Notes

  • Circular 6/2024