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Income-tax Act, 1961 · Chapter VI: Aggregation of Income and Set Off or Carry Forward of Loss · Set off, or carry forward and set off

Section 80: Submission of return for losses

The Income-tax Act, 1961 was repealed by the Income-tax Act, 2025 from 1 April 2026. The text is kept here because the judgments below apply it.

In plain words

A loss that was not determined on a return filed within time under sub-section (3) of section 139 cannot be carried forward and set off under the loss provisions of this Chapter.

Example: A company that files its loss return late cannot carry the business loss to the next year.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

Notwithstanding anything contained in this Chapter, no loss which has not been determined in pursuance of a return filed [in accordance with the provisions of sub-section (3) of section 139], shall be carried forward and set off under sub-section (1) of section 72 or sub-section (2) of section 73 [or sub-section (2) of section 73A] or [sub-section (1) or sub-section (3) of section 74] [or sub-section (3) of section 74A]. [CHAPTER VIA DEDUCTIONS TO BE MADE IN COMPUTING TOTAL INCOME

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 80