Section 78 → Section 98
Carry forward and set off of losses in case of change in constitution of firm or on succession
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 Direct Tax Code 2025 (Income-tax Act, 2025), effective 1st April 2026. Status: Retained.
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.
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
What does Section 78 of the Income Tax Act 1961 deal with?
Section 78 (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 Direct Tax Code 2025?
Section 78 of the ITA 1961 maps to Section 98 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective from 1st April 2026.
What is the status of Section 78 under the new tax code?
Section 78 is marked as "Retained" with status "Active". Impact: Medium - Crucial for Partnership Firms and LLPs.
What are the key changes to Section 78 under DTC 2025?
Partner's PAN linkage instantly recalculates the allowable carry-forward loss upon filing of revised partnership deed.
Disclaimer: This page is for educational and reference purposes only. Section mappings are based on publicly available drafts and circulars. Always consult a qualified Chartered Accountant before filing or making compliance decisions under the Direct Tax Code 2025.
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