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Citedby 72 docs - [View All]
Indian Aluminium Co. Ltd. vs Commissioner Of Income-Tax on 14 July, 1981
Hind Wire Industries Ltd. vs Income-Tax Officer on 24 March, 1986
Ahmedabad Manufacturing & Calico ... vs A.V. Joshi, Income-Tax Officer, ... on 29 January, 1979
Gujarat State Forest Development ... vs Deputy Commissioner Of ... on 8 July, 1994
Commissioner Of Income-Tax vs T. Maneklal Mfg. Co. Ltd. on 13 March, 1991

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[Section 80J] [Complete Act]
Central Government Act
Section 80J(3) in The Income- Tax Act, 1995
(3) Where the amount of the profits and gains derived from the industrial undertaking or ship or business of the hotel, as the case may be, ITA- 26
included in the total income (as computed without applying the provisions of section 64 and before making any deduction under Chapter VI- A 1[ ]) in respect of the previous year relevant to an assessment year commencing on or after the 1st day of April, 1967 , (not being an assessment year prior to the initial assessment year or subsequent to the fourth assessment year as reckoned from the end of the initial assessment year) falls short of the relevant amount of capital employed during the previous year, the amount of such shortfall, or, where there are no such profits and gains, an amount equal to the relevant amount of capital employed during the previous year (such amount, in either case, being hereafter, in this section, referred to as deficiency) shall be carried forward and set off against the profits and gains referred to in subsection (1)[ as computed after allowing the deductions, if any, admissible under 2[ ] 3[ section 80HH] 4[ or section 80HHA] 5[ ] and the said sub- section (1)] in respect of the previous year relevant to the next following assessment year and, if there are no such profits and gains for that assessment year, or where the deficiency exceeds such profits and gains, the whole or balance of the deficiency, as the case may be, shall be set off against such profits and gains for the next following assessment year and if and so far as such deficiency cannot be wholly so set off, it shall be set off against such profits and gains assessable for the nexT following assessment year and so on: Provided that-
(i) in no case shall the deficiency or any part thereof be carried forward beyond the seventh assessment year as reckoned from the end of the initial assessment year;
(ii) where there is more than one deficiency and each such deficiency relates to a different assessment year, the deficiency which relates to an earlier assessment year shall be set off under this sub- section before setting off the deficiency in relation to a later assessment year: Provided further that in the case of an assessee being a co- operative society, the provisions of this. sub- section shall have effect as if for the words" fourth assessment year",- the words" sixth assessment year" had been substituted.