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Income-tax Act, 2025 | Section 114

Section 114 - Set off and carry forward of losses computed in respect of specified business

Loss from a specified business referred to in section 46 is ring-fenced to profits from any specified business. The text permits the unabsorbed amount to continue to following tax years and does not impose the eight-year or four-year limit used in nearby sections.

Reviewed by CA Nikhil Gupta · Updated 9 October 2026

Section 114: operativeEffective 1 April 2026Tax Year 2026-27 onwardLegally reviewed 8 October 2026

Current-law control

This page uses the consolidated Income-tax Act, 2025 as amended by the Finance Act, 2026. The Act and Income-tax Rules, 2026 operate from 1 April 2026. Earlier years and saved proceedings remain subject to the repeal-and-savings framework.

Primary statute: Income Tax Department consolidated Act   |   Rules: Notified Income-tax Rules, 2026

2-minute decode

Loss from a specified business referred to in section 46 is ring-fenced to profits from any specified business. The text permits the unabsorbed amount to continue to following tax years and does not impose the eight-year or four-year limit used in nearby sections.

Who should use this section

Taxpayers with current-year or carried-forward losses under the relevant head or specified activity This applicability note is specific to section 114.

Old-law bridge

1961 Act section 73A

The bridge is navigational only. A 1961 Act case or rule is carried forward only after checking wording, transition provisions and the current 2025 Act text.

Professional alert

Exception / professional alert Do not merge specified-business loss with ordinary business loss. Separate project-level computation and evidence are essential.

Connected Income-tax Rules, 2026 and Forms

No provision-specific Rule/Form is independently mapped in this tranche. General return, procedure and evidence rules can still apply.

Worked application

A taxpayer has ₹25 lakh loss from one eligible specified business and ₹12 lakh profit from another specified business in the next year. Subject to section 46 and the applicable regime, ₹12 lakh may be absorbed and ₹13 lakh may continue.

Evidence / compliance checklist

  • Build a section 114 loss ledger showing source, head, tax year of origin, amount used and balance carried forward.
  • Preserve the timely return and assessment/intimation that determines the loss where the statute makes filing a condition (section 114: Set off and carry forward of losses computed in respect of specified business).
  • For reorganisations, retain scheme orders, ownership continuity, asset/business continuity and predecessor-successor tax records (section 114: Set off and carry forward of losses computed in respect of specified business).
  • Prevent double use by reconciling the carry-forward schedule to each later return before set-off (section 114: Set off and carry forward of losses computed in respect of specified business).

Common mistake

Using a single “loss carried forward” figure for section 114 without preserving head/source restrictions, filing conditions and the remaining statutory period.

Recommended approach

For section 114, fix the governing tax year, identify the operative sub-section for “Set off and carry forward of losses computed in respect of specified business”, trace every amount to evidence, apply only verified Rule/Form links, and retain a computation that another reviewer can reproduce from the primary source.

Thresholds, periods and timing checkpoints

Judicial / interpretive bridge

No section-specific Supreme Court bridge is included for section 114 unless text-equivalence with the 2025 Act has been checked. Legacy cases should not be transplanted into section 114 merely because the subject is similar.

Related provisions

Current statutory text

114. (1) Any loss, computed in respect of a specified business, referred to in section 46, shall be set off only against profits and gains of another specified business. (2) Where for any tax year, loss computed in respect of a specified business cannot be wholly set off under sub-section (1), so much of the loss not so set off or the whole loss, as the case may be, shall be carried forward to the following tax year and— (i) be set off against the profits and gains, if any, of any specified business carried on by him for such tax year; and (ii) if the loss cannot be wholly so set off, the amount of loss not so set off shall be carried forward to the following tax year and so on.

Primary-source trail

FAQs

What does section 114 of the Income-tax Act, 2025 cover?

Section 114 covers set off and carry forward of losses computed in respect of specified business. The operative result depends on the exact statutory conditions shown on this page and applies from 1 April 2026, subject to transition/savings provisions.

Who should check section 114?

Taxpayers with current-year or carried-forward losses under the relevant head or specified activity This applicability note is specific to section 114.

Are there specific Rules or Forms for section 114?

No provision-specific Rule/Form independently mapped in this tranche.

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