Tag: Section 110

Section 110 of the Income-tax Act, 2025 deals with the carry forward and set-off of loss under the head “Income from House Property.” Where such loss cannot be wholly adjusted against income of the relevant tax year under the applicable set-off provisions, the unadjusted amount may be carried forward to subsequent tax years. The carried-forward loss can be set off only against income from house property, subject to the prescribed conditions and time limit. This provision ensures that eligible unabsorbed house-property losses receive tax adjustment in future years.

1. Meaning of House Property Loss

A loss from house property arises when the deductions allowable while computing income from a house property exceed its taxable annual value. An important reason for such loss may be the deduction available for interest on borrowed capital, subject to the applicable provisions and limits. Where an assessee owns more than one property, income and loss from different house properties are first considered according to the applicable intra-head set-off rules. If the final computation under the head results in a loss, it may be adjusted in the current year to the extent permitted. The remaining unabsorbed amount is governed by Section 110.

2. Carry Forward of Unabsorbed Loss

Where a loss computed under Income from House Property cannot be wholly set off during the relevant tax year, Section 110 permits the remaining loss to be carried forward to subsequent tax years. The provision ensures that an eligible house-property loss is not permanently lost merely because sufficient taxable house-property income is unavailable in the year in which the loss arises. The carried-forward amount retains its character as a house-property loss and is governed by the specific restrictions prescribed under the Act. It can subsequently be adjusted only in the manner authorised by Section 110, thereby reducing eligible future house-property income.

3. Set-off in Subsequent Years

A house-property loss carried forward under Section 110 can be set off in a subsequent tax year against income chargeable under the head “Income from House Property.” It cannot be adjusted against salary, business income, capital gains or income from other sources merely because those incomes are available in the later year. This restriction distinguishes the treatment of carried-forward loss from certain current-year set-off rules. The amount set off in each subsequent year is limited to the available taxable income from house property. Any balance remaining after such adjustment may continue to be carried forward, provided the prescribed carry-forward period has not expired.

4. Period of Carry Forward

Under Section 110, an eligible unabsorbed loss from house property may be carried forward for eight tax years immediately succeeding the tax year for which the loss was first computed. During this period, the loss may be adjusted against available income under the head Income from House Property. If only part of the loss is absorbed in a particular year, the remaining eligible amount may continue to be carried forward within the prescribed period. After the expiry of the permitted period, any unadjusted balance cannot ordinarily be carried forward further. Therefore, maintaining proper year-wise records of losses and set-off is important for tax computation.

illustration

Suppose an assessee has a house-property loss of ₹4,00,000. Assume ₹2,00,000 is eligible for adjustment during the current year and the balance remains unabsorbed.

If the assessee earns ₹1,50,000 from house property in the next year: