Loss arising on account of illegal business :

CS Executive · Tax Laws · PYQS · December 2024
Loss arising on account of illegal business :
(A) Cannot be set off
(B) Can be set off against the profits of legal business
(C) Will be treated under as unexplained expenditure
(D) None of the above

Answer & Explanation:

Correct Answer: Option (A)

Official answer key: (A), (B). Official source note: There is no specific provisions in the Income tax Act, 1961 or the Rules 1962, allowing / disallowing set of loss of illegal business from profits of legal business. Further, According to the judgment passed by the Supreme Court, loss of illegal business can be set off and carried forward against the profit of legal business, if so claimed by assessee. [T.A. QUERESHI vs. COMMISSIONER OF INCOME TAX - SC]. Therefore both option A or B can be considered as correct.

Topics: Income Tax Act

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