1For how many assessment years can a company's normal business loss generally be carried forward?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.6 assessment years
B.4 assessment years
C.10 assessment years
D.8 assessment years
Correct Answer: 8 assessment years
Explanation:
A normal business loss can generally be carried forward for 8 assessment years immediately following the assessment year in which the loss was incurred.
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2A carried-forward normal business loss can generally be set off against which income?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.Income from house property
B.Income from business or profession
C.Income from other sources only
D.Income from salaries
Correct Answer: Income from business or profession
Explanation:
A carried-forward normal business loss can generally be set off only against income taxable under the head Profits and Gains of Business or Profession.
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3For how many assessment years can a speculation business loss generally be carried forward?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.4 assessment years
B.Indefinitely
C.6 assessment years
D.8 assessment years
Correct Answer: 4 assessment years
Explanation:
A speculation business loss can generally be carried forward for 4 assessment years immediately following the assessment year in which it arose.
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4A carried-forward speculation loss can be set off against which type of income?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.Only speculation business income
B.Only short-term capital gains
C.Any business income
D.Any income included in gross total income
Correct Answer: Only speculation business income
Explanation:
A carried-forward speculation loss can be set off only against profits from a speculation business.
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5For how many assessment years can a company's capital loss generally be carried forward?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.8 assessment years
B.4 assessment years
C.5 assessment years
D.Indefinitely
Correct Answer: 8 assessment years
Explanation:
Both short-term and long-term capital losses can generally be carried forward for 8 assessment years.
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6A carried-forward short-term capital loss may be set off against which gains?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.Business income and income from other sources
B.Only short-term capital gains
C.Both short-term and long-term capital gains
D.Only long-term capital gains
Correct Answer: Both short-term and long-term capital gains
Explanation:
A short-term capital loss may be set off against both short-term capital gains and long-term capital gains.
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7A carried-forward long-term capital loss can be set off against which income?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.Both types of capital gains
B.Any income other than salary income
C.Only long-term capital gains
D.Only short-term capital gains
Correct Answer: Only long-term capital gains
Explanation:
A long-term capital loss can be set off only against long-term capital gains.
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8For how long can unabsorbed depreciation generally be carried forward by a company?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.For 4 assessment years
B.For an unlimited period
C.For 8 assessment years
D.For 10 assessment years
Correct Answer: For an unlimited period
Explanation:
Unabsorbed depreciation can generally be carried forward indefinitely until it is fully absorbed.
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9Which item is generally given priority when both brought-forward business loss and unabsorbed depreciation are available for set-off?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.Long-term capital loss
B.Brought-forward business loss
C.Speculation business loss
D.Unabsorbed depreciation
Correct Answer: Brought-forward business loss
Explanation:
Brought-forward business loss is generally set off before unabsorbed depreciation because the business loss has a limited carry-forward period.
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10What is generally required for carrying forward a normal business loss?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.A tax audit completed after the assessment order
B.A written request submitted only when the loss is set off in a later year
C.A loss return filed within the prescribed due date
D.A revised return filed at any time without restriction
Correct Answer: A loss return filed within the prescribed due date
Explanation:
A company must generally file its loss return within the due date under Section 139(1) to carry forward a normal business loss.
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11Which loss may generally be carried forward even if the return is not filed within the due date under Section 139(1)?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.Normal business loss
B.Speculation business loss
C.Unabsorbed depreciation
D.Short-term capital loss
Correct Answer: Unabsorbed depreciation
Explanation:
Unabsorbed depreciation is generally allowed to be carried forward even when the return is filed after the due date.
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12For how many assessment years can a loss from house property generally be carried forward?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.8 assessment years
B.4 assessment years
C.12 assessment years
D.6 assessment years
Correct Answer: 8 assessment years
Explanation:
A loss under the head Income from House Property can generally be carried forward for 8 assessment years.
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13A carried-forward loss from house property can be set off against which income?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.Only income from capital gains
B.Only income from house property
C.Income under every head without any monetary restriction
D.Only income from business
Correct Answer: Only income from house property
Explanation:
A brought-forward house property loss can be set off only against income taxable under the head Income from House Property.
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14Which section generally restricts the carry forward of losses when there is a substantial change in the shareholding of certain closely held companies?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.Section 115JB
B.Section 32
C.Section 79
D.Section 72
Correct Answer: Section 79
Explanation:
Section 79 contains restrictions on carrying forward losses where the voting ownership of certain closely held companies changes substantially.
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15Under the general rule of Section 79, what minimum percentage of voting power should continue to be beneficially held by the relevant shareholders?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.26%
B.51%
C.75%
D.49%
Correct Answer: 51%
Explanation:
The general rule requires shareholders who held at least 51% of the voting power in the loss year to continue holding at least 51% in the set-off year.
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16Section 79 primarily applies to which category of company?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.A company in which the public are not substantially interested
B.Every listed company having more than one class of equity shares
C.Every foreign company earning interest income in India
D.A company in which the public are substantially interested
Correct Answer: A company in which the public are not substantially interested
Explanation:
Section 79 primarily applies to closely held companies, meaning companies in which the public are not substantially interested.
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17Which section contains provisions relating to the carry forward and set-off of accumulated loss and unabsorbed depreciation in certain cases of amalgamation?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.Section 70
B.Section 72A
C.Section 80
D.Section 73
Correct Answer: Section 72A
Explanation:
Section 72A permits accumulated losses and unabsorbed depreciation to be carried forward in specified cases of amalgamation, subject to prescribed conditions.
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18In a qualifying amalgamation under Section 72A, the eligible accumulated loss of the amalgamating company is generally treated as the loss of which company?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.The transferor's auditor
B.The holding company
C.The amalgamated company
D.The company with the highest turnover after combining all group entities
Correct Answer: The amalgamated company
Explanation:
Subject to the statutory conditions, the eligible accumulated loss is treated as the loss of the amalgamated company.
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19A loss from a specified business covered by Section 35AD can generally be set off against which income?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.Income from a specified business
B.Income from all sources except salary after first adjusting depreciation
C.Income from capital gains
D.Income from any business
Correct Answer: Income from a specified business
Explanation:
Under Section 73A, a loss from a specified business can generally be set off only against profits from another specified business.
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20For how long can an eligible loss from a specified business under Section 73A generally be carried forward?
Provisions of carry forward and set-off of losses in the case of companies
Easy
A.For an unlimited period
B.For 8 assessment years
C.For 10 assessment years
D.For 4 assessment years
Correct Answer: For an unlimited period
Explanation:
An eligible loss from a specified business can generally be carried forward indefinitely and set off against profits from specified businesses.
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21A company incurs a normal business loss of lakh in Assessment Year 2025–26. It files its return of loss within the prescribed due date. For how long can the company generally carry forward this loss?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.For 6 assessment years
B.For 4 assessment years
C.Until the company earns profit
D.For 8 assessment years
Correct Answer: For 8 assessment years
Explanation:
A normal business loss can generally be carried forward and set off against business profits for eight assessment years following the year in which the loss was incurred, subject to the applicable conditions.
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22A company has a brought-forward business loss of lakh and current-year business profit of lakh. Ignoring other adjustments, what amount of business loss remains available for future carry forward?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A. lakh
B.Nil
C. lakh
D. lakh
Correct Answer: lakh
Explanation:
The current-year business profit of lakh is first set off against the brought-forward business loss of lakh. The remaining loss is lakh.
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23Which condition is generally required for a company to carry forward a business loss under the normal provisions?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.The company must file a return of loss on time
B.The company must declare a dividend
C.The company must issue fresh shares
D.The company must earn book profit
Correct Answer: The company must file a return of loss on time
Explanation:
Under Section 80, carry forward of specified losses, including business loss, generally requires the return of loss to be furnished within the time prescribed under Section 139(3).
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24A company has a current-year business loss of lakh and unabsorbed depreciation of lakh. It earns business profit of lakh in the same year. Assuming no other adjustments, what amount is taxable after the relevant set-offs?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A. lakh
B. lakh
C. lakh
D. lakh
Correct Answer: lakh
Explanation:
The current-year business loss is adjusted against business profit, reducing it to lakh. Unabsorbed depreciation is then adjusted, leaving taxable income of lakh.
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25Which statement correctly distinguishes unabsorbed depreciation from a normal business loss?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.Both have the same carry-forward period
B.Business loss can be set off against salary income
C.Unabsorbed depreciation requires a timely loss return
D.Unabsorbed depreciation has no fixed eight-year limit
Correct Answer: Unabsorbed depreciation has no fixed eight-year limit
Explanation:
Unabsorbed depreciation under Section 32(2) is generally carried forward without the eight-year restriction applicable to normal business losses, subject to the statutory rules.
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26A company has a brought-forward business loss of lakh and current-year depreciation of lakh. Its current-year business profit before depreciation is lakh. What amount remains after these adjustments?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A. lakh
B. lakh
C. lakh
D.Nil
Correct Answer: Nil
Explanation:
After current-year depreciation, business profit is lakh. This is fully set off against the brought-forward business loss of lakh, leaving no taxable business income and lakh loss to carry forward.
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27Company A, a company in which the public are not substantially interested, has a brought-forward business loss. During the year, shareholders holding 60% of voting power are replaced. What is the likely consequence under Section 79?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.The loss is automatically doubled
B.The loss may not be carried forward
C.The loss becomes a capital loss
D.The loss is set off against dividend income
Correct Answer: The loss may not be carried forward
Explanation:
Section 79 can restrict carry forward and set-off of earlier business losses where there is a substantial change in voting power or beneficial ownership in a closely held company.
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28For a closely held company, what continuity is generally relevant for preserving carry forward of an earlier business loss under Section 79?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.At least 26% voting power
B.At least 40% voting power
C.At least 75% voting power
D.At least 51% voting power
Correct Answer: At least 51% voting power
Explanation:
Generally, at least 51% of the voting power must continue to be held by the same persons who held it in the year in which the loss was incurred, subject to statutory exceptions.
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29A closely held company changes its shareholders, but the same group continues to hold 55% of the voting power as in the loss year. Assuming no other issue, what is the likely result under Section 79?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.The loss becomes speculation loss
B.The loss may continue to be carried forward
C.The loss is necessarily forfeited
D.The loss can be set off only against capital gains
Correct Answer: The loss may continue to be carried forward
Explanation:
Since at least 51% of the voting power continues with the same persons, the basic continuity condition under Section 79 is satisfied, assuming other requirements are met.
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30A company has a speculation loss of lakh and a non-speculative business profit of lakh in the same year. How much of the speculation loss can generally be set off?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A. lakh
B. lakh
C. lakh
D.Nil
Correct Answer: Nil
Explanation:
Speculation loss can generally be set off only against speculation profit. It cannot be set off against ordinary non-speculative business profit.
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31A company incurs a speculation loss of lakh and earns speculation profit of lakh in the following year. What amount of speculation loss remains for future carry forward?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A. lakh
B. lakh
C.Nil
D. lakh
Correct Answer: lakh
Explanation:
The speculation profit of lakh is set off against the speculation loss of lakh. The balance of lakh may be carried forward, subject to the applicable conditions.
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32Under the general rule, for how many assessment years can a speculation loss be carried forward?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.Four assessment years
B.Eight assessment years
C.Indefinitely
D.Six assessment years
Correct Answer: Four assessment years
Explanation:
A speculation loss can generally be carried forward for four assessment years immediately following the assessment year in which the loss was incurred.
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33A company has a short-term capital loss of lakh and a long-term capital gain of lakh. What is the permitted set-off under the general capital-loss rules?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.The loss against business income
B.Half the loss against the gain
C.No set-off against the gain
D.The full loss against the gain
Correct Answer: The full loss against the gain
Explanation:
A short-term capital loss can generally be set off against both short-term and long-term capital gains. Thus, the lakh loss can be set off against the long-term capital gain.
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34A company has a long-term capital loss of lakh and a short-term capital gain of lakh. What is the correct treatment?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.The loss cannot be set off
B.The loss is partly set off
C.The loss is fully set off
D.The loss is set off against business profit
Correct Answer: The loss cannot be set off
Explanation:
A long-term capital loss can generally be set off only against long-term capital gains, not against short-term capital gains.
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35A company has a long-term capital loss of lakh and long-term capital gain of lakh. What amount of long-term capital loss remains after set-off?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.Nil
B. lakh
C. lakh
D. lakh
Correct Answer: lakh
Explanation:
The long-term capital gain of lakh is set off against the long-term capital loss of lakh. The balance loss is lakh.
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36A company incurs a loss from a specified business covered by Section 35AD. Against which income can this loss generally be set off?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.Profit from specified business
B.Income from house property
C.Any salary income
D.Any capital gain
Correct Answer: Profit from specified business
Explanation:
Loss from a specified business under Section 73A can generally be set off only against profits and gains of another specified business.
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37A company has a specified-business loss of lakh and specified-business profit of lakh in the next year. What amount remains available for carry forward?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A. lakh
B. lakh
C.Nil
D. lakh
Correct Answer: lakh
Explanation:
The specified-business profit of lakh is set off against the specified-business loss of lakh. The remaining loss is lakh.
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38A company has a loss from trading in shares. Under the general rule for companies, such loss may be treated as:
Provisions of carry forward and set-off of losses in the case of companies
Medium
A.A speculation loss
B.An unabsorbed depreciation loss
C.A long-term capital loss
D.A house-property loss
Correct Answer: A speculation loss
Explanation:
Under the explanation to Section 73, certain losses from dealing in shares of companies are deemed to be speculation losses, subject to specified exceptions.
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39A company has a brought-forward normal business loss of lakh and current-year depreciation of lakh. Its current-year business profit before depreciation is lakh. What amount of business loss remains after the adjustments?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A. lakh
B. lakh
C. lakh
D. lakh
Correct Answer: lakh
Explanation:
Current-year depreciation reduces business profit from lakh to lakh. The lakh profit is set off against the brought-forward loss of lakh, leaving lakh.
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40A company has a current-year business loss of lakh, brought-forward unabsorbed depreciation of lakh, and current-year business profit of lakh before these adjustments. Assuming the business loss is adjusted first, what income remains?
Provisions of carry forward and set-off of losses in the case of companies
Medium
A. lakh
B. lakh
C. lakh
D. lakh
Correct Answer: lakh
Explanation:
The current-year business loss reduces profit to lakh. Brought-forward unabsorbed depreciation of lakh is then adjusted, leaving income of lakh.
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41A company has a non-speculative business loss of lakh and a speculative business profit of lakh in the same previous year. It also has income from house property of lakh. Ignoring other provisions, what is the correct set-off position?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.The speculative profit remains taxable and business loss is carried forward
B.The business loss is set off against house-property income
C.The business loss is first set off against speculative profit
D.The entire business loss is set off against both income sources
Correct Answer: The speculative profit remains taxable and business loss is carried forward
Explanation:
A non-speculative business loss cannot be set off against speculative business income. It may be set off against other eligible income under section 71, but not against salary income. Subject to the facts, the house-property income can absorb the loss; however, where the question requires the business-loss restriction to speculative profit only, the speculative profit remains taxable.
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42A closely held company incurred a business loss in Assessment Year 2022–23. The prescribed return was filed after the due date under section 139(1), but before completion of assessment. Can the company carry forward the loss under section 72?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.No, because companies cannot carry forward business losses
B.Yes, because assessment was completed later
C.No, because the return was not filed on time
D.Yes, because section 72 has no filing condition
Correct Answer: No, because the return was not filed on time
Explanation:
Under section 80, a loss that is required to be carried forward under section 72 cannot be carried forward unless the return of loss is furnished within the time prescribed under section 139(3), generally by the due date under section 139(1).
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43A company has the following losses brought forward: business loss of lakh from AY 2018–19, business loss of lakh from AY 2020–21, and long-term capital loss of lakh from AY 2021–22. In AY 2024–25, it earns business income of lakh and long-term capital gain of lakh. What is the maximum amount of brought-forward loss that can be set off, assuming all losses remain valid?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A. lakh
B. lakh
C. lakh
D. lakh
Correct Answer: lakh
Explanation:
The business income absorbs lakh of business loss. The long-term capital gain absorbs lakh of long-term capital loss. Therefore, total set-off is lakh. The earliest business loss is adjusted first under the ordering principle.
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44A company has a short-term capital loss of lakh and a long-term capital loss of lakh brought forward. During the current year, it earns a short-term capital gain of lakh and a long-term capital gain of lakh. What is the correct set-off?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.The long-term loss must be set off before the short-term loss
B.The short-term loss covers short-term gain; long-term loss covers long-term gain
C.Only the short-term loss may be set off against both gains
D.Both losses may be set off against both gains
Correct Answer: The short-term loss covers short-term gain; long-term loss covers long-term gain
Explanation:
A short-term capital loss can be set off against either short-term or long-term capital gains. A long-term capital loss can be set off only against long-term capital gains. Thus, lakh of short-term loss offsets the short-term gain and lakh of long-term loss offsets the long-term gain.
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45A company incurred a specified-business loss under section 73A in AY 2019–20. It has no specified-business income until AY 2028–29, when it earns specified-business profit. What is the applicable treatment of the loss?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.It is set off against any income from business
B.It is converted into an ordinary business loss
C.It is carried forward without a fixed time limit
D.It expires after eight assessment years
Correct Answer: It is carried forward without a fixed time limit
Explanation:
Loss from a specified business covered by section 35AD is governed by section 73A. It may be set off only against profits of a specified business and may be carried forward without the ordinary eight-year limitation applicable to business losses under section 72.
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46A company carries on share trading as one of several activities. Its gross total income, before giving effect to the share-trading loss, consists mainly of interest and capital gains. How is the share-trading loss generally treated under section 73?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.It is always treated as speculative loss
B.It is treated as capital loss from shares
C.It is treated as ordinary business loss
D.It is ignored until the shares are transferred
Correct Answer: It is treated as ordinary business loss
Explanation:
The Explanation to section 73 deems certain share-trading losses of companies to be speculative losses. An exception applies where the company’s gross total income mainly consists of specified non-business income, including interest, house-property income, capital gains, or income from other sources.
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47A company’s principal business is granting loans and advances. It incurs a loss from purchase and sale of shares. What is the treatment of that loss under the Explanation to section 73?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.It is treated as ordinary business loss
B.It is treated as a loss from specified business
C.It is deemed to be speculative loss
D.It is treated as short-term capital loss
Correct Answer: It is treated as ordinary business loss
Explanation:
The deeming rule for share-trading losses does not apply where the company’s principal business is banking or granting loans and advances. Consequently, the loss is generally treated as an ordinary business loss, subject to other applicable provisions.
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48A company has speculative loss of lakh from AY 2021–22 and speculative profit of lakh in AY 2024–25. It also has ordinary business profit of lakh in AY 2024–25. What amount of speculative loss remains after the current-year set-off?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A. lakh
B. lakh
C. lakh
D. lakh
Correct Answer: lakh
Explanation:
Speculative loss can be set off only against speculative profit. Therefore, lakh is set off against the brought-forward speculative loss of lakh, leaving lakh. The ordinary business profit cannot absorb the balance.
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49A company has a business loss of lakh, unabsorbed depreciation of lakh, and current-year business profit of lakh. Ignoring other deductions, what amount remains taxable after applying the usual set-off sequence?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A. lakh
B. lakh
C. lakh
D. lakh
Correct Answer: lakh
Explanation:
Current depreciation is adjusted first, followed by brought-forward business loss and then unabsorbed depreciation. The lakh profit is fully absorbed by the lakh business loss and lakh of unabsorbed depreciation, leaving no taxable business income.
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50Which statement correctly distinguishes unabsorbed depreciation from a business loss carried forward by a company?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.Business loss has no filing condition, unlike depreciation
B.Both have the same eight-year carry-forward limit
C.Unabsorbed depreciation may offset salary income first
D.Unabsorbed depreciation is generally carried forward indefinitely
Correct Answer: Unabsorbed depreciation is generally carried forward indefinitely
Explanation:
Unabsorbed depreciation under section 32(2) is generally carried forward indefinitely, whereas a business loss under section 72 is ordinarily limited to eight assessment years. Unabsorbed depreciation is not set off against salary income.
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51In a closely held company, persons holding 60% of the voting power in the loss year retain only 48% in the year of set-off. The remaining shares are acquired by unrelated investors. What is the likely consequence under section 79?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.The loss becomes deductible against capital gains
B.Only depreciation becomes unavailable for set-off
C.The entire loss remains available automatically
D.The carried-forward loss cannot normally be set off
Correct Answer: The carried-forward loss cannot normally be set off
Explanation:
Section 79 restricts the carry-forward and set-off of losses of closely held companies unless at least 51% of voting power is beneficially held by substantially the same persons in the relevant years. A reduction from 60% to 48% generally fails this continuity test.
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52A closely held company changes its shareholding during the year. The same persons beneficially hold 52% of voting power on the last day of the loss year and 52% on the last day of the set-off year, although the identity of the remaining shareholders changes completely. What is the section 79 position?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.The continuity test applies only to preference shares
B.The continuity test fails because every shareholder changed
C.The continuity test is generally satisfied
D.The continuity test requires identical total shareholders
Correct Answer: The continuity test is generally satisfied
Explanation:
The basic section 79 test focuses on continuity of at least 51% beneficial voting power, not identity of every shareholder. If substantially the same persons beneficially hold at least 51% in both relevant years, the condition is generally met.
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53A company whose resolution plan is sanctioned under the Insolvency and Bankruptcy Code seeks to use losses carried forward from before the resolution process. The post-resolution investors do not satisfy the normal 51% continuity test. Which conclusion is most accurate?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.Section 79 always blocks the losses
B.Only speculative losses are automatically preserved
C.The losses are preserved only after eight years
D.The insolvency-related exception may preserve the losses
Correct Answer: The insolvency-related exception may preserve the losses
Explanation:
Section 79 contains specific relaxation for companies whose resolution plan has been approved under the Insolvency and Bankruptcy Code, subject to the statutory conditions. Therefore, failure of the ordinary 51% test does not by itself conclude the issue.
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54A company has a business loss from AY 2017–18 and does not use it until AY 2025–26. Assuming the return and ownership conditions were satisfied, what is the normal status of the loss?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.It remains available only against capital gains
B.It converts automatically into unabsorbed depreciation
C.It expires after AY 2024–25 under the eight-year rule
D.It remains available because business losses never expire
Correct Answer: It expires after AY 2024–25 under the eight-year rule
Explanation:
A business loss under section 72 may generally be carried forward for eight assessment years immediately succeeding the assessment year in which the loss was first computed. AY 2017–18 therefore ordinarily permits use through AY 2025–26? The count is AY 2018–19 through AY 2025–26, so this option is incorrect.
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55A company has a business loss from AY 2017–18 and does not use it until AY 2025–26. Assuming the return and ownership conditions were satisfied, what is the normal status of the loss?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.It converts into a capital loss in AY 2025–26
B.It remains available without any time limit
C.It expires after AY 2024–25
D.It remains available through AY 2025–26
Correct Answer: It remains available through AY 2025–26
Explanation:
The eight succeeding assessment years are AY 2018–19 through AY 2025–26. Therefore, a business loss first computed for AY 2017–18 may ordinarily be set off up to AY 2025–26, subject to the other statutory conditions.
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56An amalgamated company claims the accumulated business loss of the amalgamating company under section 72A. The amalgamated undertaking is discontinued immediately after amalgamation. Which condition is most directly affected?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.The condition to earn capital gains
B.The condition to own depreciable assets
C.The condition to continue the prescribed business
D.The condition to file a return under section 139(3)
Correct Answer: The condition to continue the prescribed business
Explanation:
Section 72A relief for amalgamation is conditional. The amalgamated company must satisfy prescribed continuity requirements, including continuation of the relevant business and fulfilment of other statutory conditions. Immediate discontinuance can trigger denial or withdrawal of the benefit.
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57A company has both current-year business loss and brought-forward business loss. It also has current-year depreciation. Which sequence best reflects the normal computation approach?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.Current depreciation, current loss, brought-forward loss
B.Brought-forward loss, current depreciation, current loss
C.Current loss, brought-forward loss, current depreciation
D.Brought-forward loss, current loss, current depreciation
Correct Answer: Current depreciation, current loss, brought-forward loss
Explanation:
Current depreciation is generally deducted in computing current-year business income. The resulting income is then adjusted against current-year business loss and, where income remains, brought-forward business loss, subject to the applicable provisions and ordering rules.
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58A company files a loss return within the prescribed due date and reports a non-speculative business loss, a speculative loss, and a capital loss. Which losses are generally subject to the section 80 filing requirement for carry-forward purposes?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A.Only the non-speculative business loss
B.The losses covered by sections 72, 73, 73A, 74, and 74A
C.Only the capital loss and depreciation
D.All accounting losses reported in the financial statements
Correct Answer: The losses covered by sections 72, 73, 73A, 74, and 74A
Explanation:
Section 80 links carry-forward eligibility to timely filing for losses covered by the specified provisions, including business, speculative, specified-business, capital, and certain other capital-related losses. Accounting losses outside these provisions do not qualify merely because they appear in the accounts.
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59A company earns current-year speculative profit of lakh and has brought-forward speculative loss of lakh. It also incurs a current-year non-speculative business loss of lakh. What amount of speculative loss is carried forward, assuming no other adjustments?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A. lakh
B. lakh
C. lakh
D. lakh
Correct Answer: lakh
Explanation:
The current-year speculative profit of lakh is first set off against the brought-forward speculative loss of lakh, leaving lakh. The non-speculative business loss cannot be set off against speculative profit.
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60A company has a short-term capital loss of lakh and no capital gains in the current year. In the next year it earns long-term capital gain of lakh and short-term capital gain of lakh. How much of the loss can be set off in the next year?
Provisions of carry forward and set-off of losses in the case of companies
Hard
A. lakh
B. lakh
C. lakh
D. lakh
Correct Answer: lakh
Explanation:
A short-term capital loss may be set off against both short-term and long-term capital gains. Therefore, the lakh loss can absorb lakh of short-term gain and lakh of long-term gain, totaling lakh.
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