S. 50 : Capital Gains – Depreciable Assets – Loss – Carry Forward and Set off of brought forward business loss
Income assessed by the assessee in the relevant year on sale of factory building, plant and machinery although not taxable as profits and gains of business or profession is an income in the nature of business though assessed as capital gains under section 50 and therefore, assessee is entitled to set off of brought forward business losses against the said capital gains.
Digital Electronics Ltd. vs. Addl. CIT (2011) 49 DTR 484/135 TTJ 419 (Mum.)(Trib.)
On the same reasoning. mumbai ITAT held in case of Manali investment that brogh forward long term capital loss can be set off against short term capital loss arising from transfer of depreciable capital asset held for more than 36 months.