Income Tax

Carried forward depreciation set off with short term capital gain u/s 50 is allowed – ITAT

Carried forward depreciation set off with short term capital gain u/s 50 is allowed in view of the amended provisions of Section 32(2) wef 01-04-2002- ITAT

ABCAUS Case Law Citation:
ABCAUS 2035 (2017) (08) ITAT

Assessment Year :  2012-13

Important Case Laws Cited/relied upon by the parties:
M/s. Nandi Steels Limited

Brief Facts of the Case:

The appellant assessee ws engaged in executing civil contract works. It filed its return of income admitting total income at Rs. NIL.

The Assessing Officer (AO) took up the case for scrutiny. During the course of scrutiny, the assessee filed revised computation showing the loss to be Rs. 1,24,303/-. The AO proceeded to complete the assessment and determined the loss at Rs.1,39,007/- as against loss admitted.

The AO also determined a short term capital gain of Rs. 10,00,000/- u/s 50 of the Income Tax Act, 1961 (the Act). The AO has held that this short term capital gains determined u/s 50 cannot be set off against loss not only of brought forward amount but even the current year loss.

In response to AO’s queries it was submitted that the assessee wass entitled to set off the short term capital gains against loss as the provisions of Section 50 is only a deeming provision for computation and cannot extend beyond that and that the balance after set off with current year should be treated as business income and set off against brought forward loss.

The AO, however, did not accept the same and taxed the short term capital gain separately.

CIT(A) confirmed the order of the AO. Against which the assessee was in appeal before the ITAT.

Observations made by the Tribunal:

The ITAT opined that in view of the amended provisions of Section 32(2) by Finance Act 2001, w.e.f. 01-04-2002, the carried forward unabsorbed depreciation takes the character of current year depreciation and it could be set off against the short term capital gain in this assessment year.

However, the ITAT clarified that the carried forward business loss if any, that cannot be set off against the short term capital gain in the assessment year under consideration.

Held:
The ground for set off of depreciation allowed.

Download Full Judgment

Share

Recent Posts

  • Income Tax

Cost Inflation Index for FY/Tax Year 2026-27 notified by CBDT. See Up-to-date Table of CII

CBDT has notified Cost Inflation Index for Financial Year / Tax Year 2026-27 CBDT has notified "384" as Cost Inflation…

3 hours ago
  • Income Tax

Power of CIT(A) u/s 251(1)(a) to remand case can be exercised only in best judgment assessment

Power of CIT(A) under section 251(1)(a) to remand case could be exercised only when the assessment is passed u/s 144…

17 hours ago
  • ICAI

ICAI (Global Networking) Guidelines, 2025 kept in abeyance

ICAI (Global Networking) Guidelines, 2025 kept in abeyance In February 2026, ICAI had issued ICAI (Global Networking) Guidelines 2025 to…

1 day ago
  • Empanelment

Bank of India-Online Concurrent Audit Empanelment FY 2026-27. Last Date : 15.07.2026

Bank of India-Online Concurrent Audit Empanelment  FY 2026-27. Last Date to apply is 15.07.2026 Notice for CA firms applying for…

2 days ago
  • Income Tax

Assessing Officer not an expert to do the job of share premium valuation – ITAT

  AO was not competent in valuing the share premium amount as he is not an expert to do the…

2 days ago
  • Income Tax

No law prevents Bengali’s right to be in Hindu Joint Family (HUF) – ITAT

Under Dayabhag law there is nothing to prevent Bengalis to be in Hindu Joint Family (HUF) In a recent judgment,…

3 days ago