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Query asked by Hanisha on November 27, 2020

Re: Applicability of Schedule D

A -ve return had been filed by the assessee for AY 2010-2011 having carry forward loss. The assessee received an order, disallowing all expenses claimed in the CY as well as PY b/f losses, and also to pay tax on 8% of gross receipts. A CIT appeal had been filed against the tax on profits(taken by AO as 8% of gross receipts) and the disallowance of brought forward losses of PGBP. The same was partly allowed ( B/F loss allowed). After allowing of the same, the tax on Total Income becomes -ve.
Hence, an ITAT appeal was filed in order to claim the entire CY loss, the same pending as on 31/1/2020.
Kindly guide as to whether Schedule D or A will be filed for the same. and

 If the assessee   desires to settle the issue , the assessee may have to pay the tax in dispute after considering the appeal effect of the order of the CIT (A) .  Choice is with the assessee whether he desires to file as per schedule D or A. It may have to be decided considering the facts of the case


 

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