S. 115BBE: CBDT Circular Clarifies Law Reg Set-Off Of Loss Against Deemed Income

The CBDT has issued Circular No. 11/2019 dated 19th June 2019 in which it has provided important clarification regarding the non-allowability of set-off of losses against the deemed income under section 115BBE of the Income-tax Act, 1961 prior to assessment-year 2017-18

Circular No. 11/2019
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North-Block, New Delhi, dated the 19th of June, 2019

Subject: Clarification regarding non-allowability of set-off of losses against the
deemed income under section 115BBE of the Income-tax Act, 1961 prior to
assessment-year 2017-18-reg.

With effect from 01.04.2017, sub-section (2) of section 115BBE of the Income-tax
Act, 1961 (Act ) provides that where total income of an assessee includes any income
referred to in sect ion(s) 68/69/69A/69B/69C/69D of the Act, no deduction in respect of any
expenditure or allowance or set off of any loss shall be allowed to the assessee under any
provisions of the Act in computing the income referred to in section 115BBE(1) of the Act.

2. In this regard, it has been brought to the notice of the Central Board of Direct Taxes
(the Board) that in assessments prior to assessment year 2017-18, while some of the
Assessing Officers have allowed set off of losses against the additions made by them under
Section(s) 68/69/69A/69B/69C/69D, in some cases, set off of losses against the additions
made under Section 115BBE(1) of the Act have not been allowed. As the amendment
inserting the words ‘or set off of any loss’ is applicable with effect from p t of April, 2017 and
applies from assessment year 2017-18 onwards, conflicting views have been taken by the
Assessing Officers i[l assessments for years prior to assessment year 2017-18.

The matter
has been referred to the Board so that a consistent approach is adopted by the Assessing
Officers while applying provision of section 115BBE in assessments for period prior to the
assessment year 2017-18.

3. The Board has examined the matter. The Circular No. 3/2017 of the Board dated 20th
January, 2017 which contains Explanatory notes to the provisions of the Finance Act, 2016,
at para 46.2, regarding amendment made in section 115BBE(2) of the Act mentions that
currently there is uncertainty on the issue of set-off of losses against income referred to in
section 115BBE.

It also further mentions that the pre-amended provision of section 115BBE
of the Act did not convey the intention that losses shall not be allowed to be set-off against
income referred to in section 115BBE of the Act and hence, the amendment was made vide
the Finance Act, 2016.
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4. Thus keeping the legislative intent behind amendment in section 115BBE(2) vide the
Finance Act, 2016 to remove any ambiguity of interpretation, the Board is of the view that
since the term ‘or set off of any loss’ was specifically inserted only vide the Finance Act
2016, w.eJ. 01.04.2017, an assessee is entitled to claim set-off of loss against income
determined under section 115BBE of the Act till the assessment year 2016-17.

S. The contents of this Circular may be circulated widely for information of all
stakeholders and departmental officers. The pending assessments and litigations on this
issue may be handled accordingly.

6. Hindi version to follow.
(F.No.22S/4S/2019-ITA.II)