ITA 2025Converter
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ITA 1961 → ITA 2025Set off and Carry Forward

Section 78 Section 98

Carry forward and set off of losses in case of change in constitution of firm or on succession

RetainedMedium - Crucial for Partnership Firms and LLPs.

Quick Answer

Section 78 of the Income Tax Act, 1961 (Carry forward and set off of losses in case of change in constitution of firm or on succession) corresponds to Section 98 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.

What changed for Section 78

Section 78 of the 1961 Act sets out the rules on carry forward and set off of losses in case of change in constitution of firm or on succession. If a partner retires/dies, the firm cannot carry forward the loss proportionate to the share of the retired/deceased partner.

Under the Income-tax Act, 2025 (effective 1st April 2026), Section 78 is retained and renumbered as Section 98 of the Income-tax Act, 2025. Retained verbatim. Prevents artificial loss trading when partnerships are restructured.

The transition impact on Section 78 is assessed as Medium. Crucial for Partnership Firms and LLPs.

Old Law (ITA 1961)Ch: VI

Sec 78

Provision Summary

If a partner retires/dies, the firm cannot carry forward the loss proportionate to the share of the retired/deceased partner.

New Law (ITA 2025)Ch: X

Sec 98

Provision Summary

Retained verbatim. Prevents artificial loss trading when partnerships are restructured.

Key Changes & Highlights

  • Partner's PAN linkage instantly recalculates the allowable carry-forward loss upon filing of revised partnership deed.

Frequently Asked Questions

Which subject does Section 78 of the 1961 Act cover?

Section 78 of the Income Tax Act, 1961 covers carry forward and set off of losses in case of change in constitution of firm or on succession. If a partner retires/dies, the firm cannot carry forward the loss proportionate to the share of the retired/deceased partner.

What is the new section number for Section 78 under the Income-tax Act, 2025?

Section 78 of the Income Tax Act, 1961 maps to Section 98 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Retained verbatim. Prevents artificial loss trading when partnerships are restructured.

How does the Income-tax Act, 2025 affect Section 78 in practice?

The transition impact for Section 78 is rated Medium. Crucial for Partnership Firms and LLPs.

What is new about Section 78 under the Income-tax Act, 2025?

Partner's PAN linkage instantly recalculates the allowable carry-forward loss upon filing of revised partnership deed. These points are specific to Section 78 (Carry forward and set off of losses in case of change in constitution of firm or on succession).

Disclaimer: This mapping of Section 78 (Carry forward and set off of losses in case of change in constitution of firm or on succession) to Section 98 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 78 is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.

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