Amendment of section 72

Section 6 of the Finance Act, 1962 deals with amendment of section 72. Amendment of section 72 6. In section 72 of the Income-tax Act, for sub-section (1), the following sub-section shall be substituted, namely: - "(1) Where for any assessment year, the net result of the eomputation under the head ‘Profits and gains of business or profession‘ is a loss to the assessee, The Act was enacted on 22 Jun 1962.

Amendment of section 72

6. In section 72 of the Income-tax Act, for sub-section (1), the following sub-section shall be substituted, namely: -

"(1) Where for any assessment year, the net result of the eomputation under the head ‘Profits and gains of business or profession‘ is a loss to the assessee, not being a loss sustained in a speculation business, and such loss cannot be or is not wholly set off against income under any head of income in accordance with the provisions of section 71, so much of the loss as has not been so set off or, where the assessee has income only under the head ‘Capital gains‘ and has exercised the option under sub-section (2) of that section or where he has no income under any other head, the whole loss shall, subject to the other provisions of this Chapter, be carried forward to the following assessment year, and—

(i) it shall be set off against the profits and gains, if any, of any business or profession carried on by him and assessable for that assessment year:

Provided that, the business or profession for which the loss was originally computed continued to be carried on by him in the previous year relevant for that assessment year; and

(ii) if the loss cannot be wholly so set off, the amount of loss not so set off shall be carried forward to the following assessment year and so on.".

[Finance (No.

2) Act, 1962]

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Section 6, The Finance Act, 1962 (Act 20 of 1962).