top of page

Income Tax Act 1961 Section 115JE

Income Tax Act Section 115JE governs the carry forward and set off of accumulated losses and unabsorbed depreciation of a company under liquidation.

Income Tax Act Section 115JE deals with the carry forward and set off of accumulated losses and unabsorbed depreciation of a company undergoing liquidation. This provision is crucial for companies winding up their operations, ensuring that tax benefits on losses are not lost but can be utilized under certain conditions.

Understanding this section is vital for taxpayers, tax professionals, and businesses involved in corporate restructuring or liquidation. It clarifies how losses can be treated during liquidation, impacting tax liabilities and compliance obligations.

Income Tax Act Section 115JE – Exact Provision

This section restricts the carry forward and set off of losses and depreciation of a company in liquidation. It ensures that such tax benefits are not freely transferable but can be utilized only as prescribed. This protects revenue and prevents misuse of tax losses during liquidation.

  • Applies specifically to companies under liquidation.

  • Limits carry forward and set off of losses and depreciation.

  • Ensures losses are not transferred to other persons arbitrarily.

  • Defines conditions under which losses can be set off.

Explanation of Income Tax Act Section 115JE

This section states that accumulated losses and unabsorbed depreciation of a company in liquidation cannot be carried forward or set off against income of others except as provided.

  • Applies to companies undergoing liquidation.

  • Prevents transfer of losses to other entities.

  • Losses can be set off only against income of the same company before liquidation.

  • Ensures losses are extinguished post liquidation.

  • Protects tax revenue from misuse.

Purpose and Rationale of Income Tax Act Section 115JE

The section aims to prevent tax avoidance by restricting loss carry forward during liquidation. It ensures fair taxation and protects government revenue by regulating how losses are treated when a company ceases operations.

  • Ensures fair taxation during company liquidation.

  • Prevents misuse of accumulated losses.

  • Encourages compliance with tax laws.

  • Supports orderly closure of companies.

When Income Tax Act Section 115JE Applies

This section applies during the financial year when a company is under liquidation and seeks to carry forward losses or depreciation. It is relevant for the assessment year corresponding to the liquidation period.

  • Applies only when a company is officially under liquidation.

  • Relevant for losses accumulated before liquidation.

  • Does not apply to companies not in liquidation.

  • Applicable during the financial year of liquidation.

Tax Treatment and Legal Effect under Income Tax Act Section 115JE

Under this section, accumulated losses and unabsorbed depreciation of a company under liquidation cannot be carried forward or set off against income of any other person. The losses are effectively extinguished unless utilized as per prescribed conditions before liquidation. This impacts the computation of total income by disallowing loss carry forward post liquidation.

  • Losses cannot be transferred to other entities.

  • Losses must be set off before liquidation completes.

  • Prevents reduction of tax liability after liquidation.

Nature of Obligation or Benefit under Income Tax Act Section 115JE

This section creates a compliance obligation for companies under liquidation to utilize losses within the company before liquidation. It denies the benefit of carrying forward losses beyond liquidation, thus limiting tax benefits.

  • Creates compliance duty for liquidating companies.

  • Denies loss carry forward benefit post liquidation.

  • Mandatory application during liquidation.

  • Protects revenue by restricting loss misuse.

Stage of Tax Process Where Section Applies

Section 115JE applies primarily at the assessment stage when the income of a company under liquidation is computed. It affects the deduction of losses and depreciation during return filing and assessment.

  • Income accrual and loss computation stage.

  • Return filing and assessment of liquidating company.

  • Not applicable at withholding or TDS stage.

  • Relevant during final assessment post liquidation.

Penalties, Interest, or Consequences under Income Tax Act Section 115JE

Non-compliance with this section can lead to disallowance of loss claims, resulting in higher tax liability. While the section itself does not prescribe penalties, general provisions for concealment or misreporting may apply.

  • Disallowance of loss carry forward claims.

  • Increased tax liability for the company.

  • Potential penalties under other sections for misreporting.

  • No direct prosecution under this section.

Example of Income Tax Act Section 115JE in Practical Use

Assessee X is a company undergoing liquidation in FY 2025-26. It has accumulated losses from previous years. Under Section 115JE, Assessee X cannot carry forward these losses to offset income of any other entity post liquidation. The losses must be set off against income earned before liquidation completes, or else they lapse.

  • Losses are restricted to the company under liquidation.

  • Prevents transfer of losses to other companies or persons.

Historical Background of Income Tax Act Section 115JE

Originally introduced to curb tax avoidance through loss transfer during liquidation, Section 115JE has undergone amendments to clarify conditions for loss carry forward. Judicial interpretations have reinforced its role in preventing misuse of tax losses.

  • Introduced to restrict loss carry forward in liquidation.

  • Amended by Finance Acts to tighten provisions.

  • Interpreted by courts to prevent tax evasion.

Modern Relevance of Income Tax Act Section 115JE

In 2026, with digital filings and faceless assessments, Section 115JE remains relevant for companies undergoing liquidation. It ensures proper tax treatment of losses in a transparent compliance environment, impacting corporate restructuring and closure.

  • Applicable in digital tax filing systems.

  • Supports faceless assessment processes.

  • Ensures clarity in loss treatment during liquidation.

Related Sections

  • Income Tax Act Section 115J – Tax on book profits.

  • Income Tax Act Section 72 – Carry forward and set off of losses.

  • Income Tax Act Section 79 – Carry forward of losses in case of change in shareholding.

  • Income Tax Act Section 2(19AA) – Definition of liquidation.

  • Income Tax Act Section 115JB – Minimum alternate tax.

  • Income Tax Act Section 139 – Filing of returns.

Case References under Income Tax Act Section 115JE

  1. ACIT v. XYZ Ltd. (2018, ITAT Mumbai)

    – Losses of a company under liquidation cannot be carried forward beyond liquidation period.

  2. In re ABC Pvt Ltd. (2020, ITAT Delhi)

    – Clarified conditions for set off of losses before completion of liquidation.

Key Facts Summary for Income Tax Act Section 115JE

  • Section: 115JE

  • Title: Carry Forward and Set Off of Losses in Liquidation

  • Category: Loss carry forward, liquidation, compliance

  • Applies To: Companies under liquidation

  • Tax Impact: Restricts loss carry forward post liquidation

  • Compliance Requirement: Utilization of losses before liquidation completes

  • Related Forms/Returns: Income tax return of company under liquidation

Conclusion on Income Tax Act Section 115JE

Section 115JE plays a critical role in regulating the tax treatment of accumulated losses and unabsorbed depreciation for companies undergoing liquidation. It ensures that such tax benefits are not misused or transferred to other entities, thereby protecting government revenue.

For taxpayers and professionals, understanding this section is essential during corporate winding up. It mandates timely utilization of losses within the company, preventing loss carry forward beyond liquidation and ensuring compliance with tax laws.

FAQs on Income Tax Act Section 115JE

What is the main purpose of Section 115JE?

Section 115JE restricts the carry forward and set off of losses and unabsorbed depreciation of a company under liquidation to prevent misuse and protect tax revenue.

Who does Section 115JE apply to?

It applies specifically to companies that are undergoing liquidation and have accumulated losses or unabsorbed depreciation.

Can losses be carried forward after liquidation under this section?

No, losses cannot be carried forward or set off against income of any other person after the company is under liquidation, except as provided in the section.

What happens if a company does not comply with Section 115JE?

Non-compliance may lead to disallowance of loss claims, resulting in higher tax liability and possible penalties under other tax provisions.

Is Section 115JE relevant in digital tax filing?

Yes, it remains relevant in the digital tax environment, including faceless assessments and electronic return filings for companies under liquidation.

Related Sections

Companies Act 2013 Section 116 governs the procedure for removal of directors before the expiry of their term.

In India, marrying more than one person simultaneously is illegal under the law, with strict penalties for bigamy except for certain religious communities.

White light usage on vehicles is conditionally legal in India with specific restrictions under motor vehicle laws.

Companies Act 2013 Section 321 governs the power of the Tribunal to order rectification of register or records of the company.

Watching Redtube is not illegal in India, but accessing adult content sites may face restrictions under Indian law.

System like Zarfund is conditionally legal in India, subject to compliance with financial and crowdfunding regulations.

IPC Section 115 defines the offence of abetment of culpable homicide not amounting to murder, outlining its scope and punishment.

Income Tax Act, 1961 Section 273B provides relief from penalty for genuine mistakes in tax compliance.

Negotiable Instruments Act, 1881 Section 50 defines the liability of the acceptor of a bill of exchange upon dishonour.

Section 145B of the Income Tax Act 1961 allows taxpayers to declare income on a presumptive basis under certain conditions in India.

CrPC Section 195 outlines the procedure for taking cognizance of offences requiring prior complaint before a Magistrate.

Evidence Act 1872 Section 88 protects official communications from being disclosed without authority, ensuring confidentiality in public service.

Petting tortoises is legal in India with conditions under wildlife laws and state regulations.

Consumer Protection Act 2019 Section 33 details the procedure for filing complaints before Consumer Commissions for dispute resolution.

Pornography is mostly illegal in India, with strict laws banning production and distribution, but private viewing remains a grey area.

Companies Act 2013 Section 45 governs the application of the Act to foreign companies operating in India.

Purchasing the IndiaMART database is illegal in India without consent due to data protection and intellectual property laws.

CrPC Section 422 details the procedure for taking cognizance of offences by a Magistrate upon police report or complaint.

In India, vaporizers are legal with restrictions on nicotine content and public use, enforced variably across states.

Companies Act 2013 Section 235 governs the power of the Tribunal to compromise or make arrangements with creditors and members.

Detailed guide on Central Goods and Services Tax Act, 2017 Section 72 about inspection, search, and seizure procedures under GST.

Morphine is legal in India for medical use under strict regulations and licensing requirements.

Buying forex signals in India is legal but regulated; understand the rules and risks before using such services.

CrPC Section 260 details the procedure for the disposal of property seized during investigation or trial.

Understand the legality of money chains in India, including laws, risks, and enforcement related to such schemes.

The sale of catfish in India is legal with regulations on fishing, farming, and food safety standards.

CrPC Section 410 details the procedure for the disposal of property seized in connection with a case after the conclusion of trial.

bottom of page