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35. Carry forward of business losses:-
Where an
assessee sustains a loss in any assessment year under the head 'Income
from business or profession' (not being a loss to which section 36 applies)
and the loss cannot be wholly set-off under section 34, so much of the
loss as has not been set-off, or the whole of the loss where the assessee
has no income under any other head, shall be carried forward , subject
to clause (v) of sub-section (1) of section 23, to the following assessment
year and set-off against the profits and gains, if any, of such business
or profession assessable for that year if such business or profession
continues to be carried on by the assessee for that assessment year; and
if the loss cannot be wholly set-off in this manner, the amount of the
loss not so set-off shall be carried forward to the following assessment
year, and so on, but no loss shall be carried forward to more than six
assessment years immediately succeeding the assessment year for which
the loss was first computed:
Provided
that, where the said loss relates to an assessment year commencing on
or after the first day of July, 1976, and is sustained by any such assessee,
being the owner of an industrial unit which is declared sick and is being
rehabilitated under a scheme approved by the Federal Government, as may
be notified by the Central Board of Revenue in the official Gazette, this
section shall have effect as if for the words "six assessment years"
the words "ten assessment years" were substituted.
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