ITR
Late return loses the F&O loss carry forward
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Facts
Business losses, including F&O and speculation losses, can be carried forward only if the return is filed by the due date under Sec 139(1). A belated return can report the loss, but it cannot be carried forward.
Provisions and law
- Sec 80 (now Sec 121)Loss can be carried forward only if the return is filed by the due date
- Sec 139(1) (now Sec 263(1))Due date of return
- Sec 139(4) (now Sec 263(4))Belated return
Analysis
For AY 2026-27, a non-audit trader's due date was 31 August 2026; filing now as belated loses the carry forward of, say, ₹5,00,000 of F&O loss. If you are an audit case, the extended due date is 21 November 2026, so file by then. The loss is still worth reporting in a belated return for record, but it cannot reduce future profits.
Conclusion
- Check whether your case is audit or non-audit
- Note the due date that applies
- File before that date to keep the loss
- If late, report the loss anyway but plan without it
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