Tax guide

Carry Forward of Losses Under Income-tax Act, 2025: Transition Guide

Understand how to prepare records for carry-forward and set-off of losses during the new income-tax law transition.

Published 2026-05-27T00:00:00.000Z

An old loss becomes useful only when its history can be proved. A spreadsheet balance without the original return, the correct loss schedule, and a record of later set-offs can lead to an incorrect claim or a demand.

This guide helps taxpayers and finance teams prepare that evidence during the transition to the Income-tax Act, 2025. The new Act applies from 1 April 2026 and uses the term Tax Year, while older balances arose under the previous law and assessment-year records. The transition changes the labels used around the file; it does not remove the need to establish when a loss arose, what kind of loss it was, and whether it remains available.

Start with a loss register, not the current return

Create one row for every unabsorbed amount. Do not combine business loss, capital loss, speculative loss, or unabsorbed depreciation into a single figure because their set-off conditions can differ.

FieldWhat to record
Origin periodFinancial year and assessment year shown in the original return
ClassificationIncome head and the specific type of loss
EvidenceITR acknowledgement, computation, applicable schedule, and assessment order
MovementAmount originally reported, amounts used later, adjustments, and balance
Current actionIncome proposed for set-off and the return schedule where it will be disclosed

If the register cannot be tied back to filed records, pause before entering the amount in the current return.

Test whether the carried-forward balance is usable

Review each row against four questions:

  1. Was the loss disclosed in the return for the year in which it arose?
  2. Was that return filed within the deadline relevant to this type of loss?
  3. Has an assessment, rectification, or later return changed the accepted amount?
  4. Is the proposed current-year set-off permitted against that income head?

A "yes" to the first question does not automatically settle the other three. For example, a brought-forward business loss proposed against current business profit needs a different review from a capital loss proposed against a capital gain. Use the department's current guidance and the applicable return instructions for the actual facts.

Reconstruct the evidence trail

For every period in the register, collect:

  • the filed return and acknowledgement;
  • the schedule showing the loss when it first arose;
  • subsequent returns showing any amount already used;
  • computation worksheets and books supporting the original figure;
  • audit reports, where applicable;
  • assessment, rectification, or appeal orders that changed the amount.

Do not rely only on portal prefill or last year's working paper. Compare both with the filed documents and any later order. If they disagree, note the reason and resolve it before filing.

Example: checking a business-loss balance

Assume a taxpayer's internal worksheet shows an earlier business loss of ₹4,00,000 and proposes to use ₹2,50,000 against current business profit.

The review should first establish the amount accepted for the origin year. It should then subtract every intervening set-off or adjustment and confirm that the remaining amount is eligible against the current income. The current computation should show the opening balance, the amount used this year, and the closing balance. Attaching the supporting acknowledgements and schedules to that working makes the claim traceable.

The example explains the record-checking method, not whether a particular taxpayer is eligible. Deadlines, classification, and later orders can change the result.

Handle the law-transition labels carefully

Older evidence will continue to refer to financial years, assessment years, and provisions under the Income Tax Act, 1961. Current compliance after 1 April 2026 may use Tax Year terminology under the 2025 Act. Keep both labels in the register instead of rewriting the historical record.

That approach helps prevent two common errors:

  • assigning an old balance to the wrong period because the terminology changed;
  • applying a current form label to an older return or order that used a different reference.

Stop and review these risk signals

Seek a document-based review before claiming the amount when:

  • the original acknowledgement or loss schedule is missing;
  • a return was filed late or revised after the relevant deadline;
  • an assessment order differs from the taxpayer's worksheet;
  • the loss classification is uncertain;
  • books, return schedules, and portal data show different balances;
  • the proposed set-off crosses income heads without a clearly verified basis.

These are not merely filing-format issues. They can change whether the amount is available at all.

Official sources

ReferenceLink
Income Tax Department - Set-off and carry forward of lossesOpen source
Income Tax Department - Income-tax Act, 2025 PDFOpen source

Final filing check

Before submission, reconcile the amount in the return schedule to the loss register. Preserve the final computation, filed return, acknowledgement, e-verification proof, and the evidence used for each balance in one folder. A reviewer should be able to follow the amount from the origin-year return to the current claim without guessing.

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