Income Tax Act, 1967.

Terminal loss.

311.—(1) Where a trade or profession is permanently discontinued, and any person carrying it on, either solely or in partnership, immediately before the time of the discontinuance, has sustained therein a loss to which this section applies (hereafter in this Chapter referred to as a terminal loss), then, subject to the provisions of sections 312 to 315, he may claim that the amount of the terminal loss shall, as far as may be, be deducted from or set off against the amount of profits or gains on which he has been charged to income tax under Schedule D in respect of the trade or profession for the three years of assessment last preceding that in which the discontinuance occurs, and there shall be made all such amendments of assessments or repayments of tax as may be necessary to give effect to the claim:

Provided that relief shall not be given in respect of the same matter both under this section and under some other provision of this Act.

(2) Any relief under this section shall be given as far as possible from the assessment for a later rather than an earlier year.