Answer

ITR

Carried forward losses rule out ITR-1

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  1. Facts

    ITR-1 does not allow brought forward or carried forward losses. You need ITR-2 or ITR-3 to set off or carry forward losses.

  2. Provisions and law

    • Rule 12, Income-tax Rules 1962 (now Rule 164, Income-tax Rules 2026)Prescribes the ITR forms and who must use which form.
    • Sec 74, Income-tax Act 1961 (now Sec 111, Income-tax Act 2025)Capital loss carried forward up to eight years.
  3. Analysis

    Even if your current income is only salary, a past capital loss needs Schedule CFL in ITR-2 to keep it alive. If you file ITR-1, the loss may lapse from the record. Losses can be carried forward only if each loss year return was filed on time.

  4. Conclusion

    1. Check last year's Schedule CFL.
    2. Use ITR-2 if losses exist.
    3. Fill Schedule CFL.
    4. File on time.

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