Deccan Chronicle

Biz loss can be carried forward

-

QI am an owner of a house in Greater Kailash-1, New Delhi. The house is built on a free hold plot of 286 square yards. This was purchased in 1964 for approximat­ely `15,000. The ground floor and a room on the first floor were built in 1965 for `48,000. Later, some more rooms were added in 1970 at a cost of `70,000. Please let me know the current value of the property based on current indexation.

A) In respect of capital assets acquired before April 1, 2001, the Income-Tax Act provides an option to the assessee to adopt either the original cost or Fair Market Value (FMV) as on April 1,

2001, as the cost of acquisitio­n for the purpose of computatio­n of capital gains. The assessee has to apply to the sub-registrar to determine the FMV of the property. Generally the value of land is given in terms of rate per square yard and the value of the cost of constructi­on in terms of rate per square feet.

The benefit of indexation can be availed by applying the cost inflation index on the FMV adopted as the cost of acquisitio­n. This benefit can be availed either from the year of acquisitio­n of the asset or from the base year 2001-02, in your case being 2001-02 [Cost inflation index for FY

2001-02 is 100 and for FY 2019-20 is 289]. Indexed Cost of Acquisitio­n = (Cost of acquisitio­n or FMV as on 01.04.2001 as the case may be) divided by (Index Factor for base year 2001-02) multiplied by Index factor for the year of transfer.

The Long Term Capital Gain is calculated as sale considerat­ion less indexed cost of acquisitio­n and taxed at the rate of 20.8 per cent.

QS. GOPAL Via email

I filed my original return within the time allowed under Section 139(1) of the Income-Tax Act. In this return, I claimed that a business loss of `4.5 lakh be carried forward to the subsequent years. I wish to revise this return under Section

139(5) due to an error in computatio­n in the original return. This will result in an increase the business loss to be carried forward to `5 lakhs. Kindly clarify whether I will be eligible to carry forward the loss of

`5 lakhs if I revise the return.

NILESH Via email

A) If a loss is incurred, being a business loss the same can be carried forward only if the return is filed within the due date stipulated under Section 139(1). A loss return furnished is deemed to have filed under Section 139(1).

Therefore, a loss return can also be revised under section 139(5). If the return referred to in the query is for the FY 2018-19, it needs to be revised upto March 31, 2020. The enhanced loss assessed by you through the revised return can be carried forward and set off against the business income within a period of eight assessing years immediatel­y succeeding the assessment year in which the loss is first computed.

The Income Tax Act does not deny the benefit of carry forward of loss to the extent of `5 lakh merely because such enhanced claim has been made through furnishing a revised return.

 ??  ??

Newspapers in English

Newspapers from India