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In case of change in the constitution of business, can the loss be carried forward by the reconstituted entity?

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In case of change in the constitution of business, can the loss be carried forward by the reconstituted entity?
posted Jun 20, 2017 by Reshmi S

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Loss from exempted source of income cannot be adjusted against taxable income

If income from a particular source is exempt from tax, then loss from such source cannot be set off against any other income which is chargeable to tax.E.g., Agricultural income is exempt from tax, hence, if the taxpayer incurs loss from agricultural activity, then such loss cannot be adjusted against any other taxable income.

Carry forward of loss in case of change in the constitution of business Generally, the person incurring the loss is only entitled to carry forward the loss to be adjusted in subsequent year(s). However, in certain cases of reconstitution of the business like amalgamation, demerger, conversion of proprietary firm into company or conversion of partnership firm into company, etc., the reconstituted entity is entitled to carry forward the unadjusted loss of predecessor entity (provided that conditions specified in this regard are satisfied).

answer Jun 21, 2017 by Babita Thawani
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