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Losses under the head capital gains

Where the assessee has suffered loss on transfer of certain capital asset and earned profit on transfer of other capital assets, he is entitled to have the amount of such loss set off against such gains. Any loss remaining unadjusted under the head 'capital gains', however, cannot be set off against income under the other heads, e.g. salaries, house property, business or profession and other sources, but shall be carried forward for set off against capital gains in the subsequent assessment year. However, no loss shall be carried forward for more than eight assessment years from the year for which the loss was first computed.

Example : For the A.Y. 2001-2002.

A resident individual has income under "salaries" of Rs. 1,80,000/-, capital loss on sale of shares of Rs 1,50,000 and capital gains on sale of a residential unit of Rs. 50,000/-. He has no other income.

Income under 'capital gains'   1,80,000
Loss on sale of shares (-)l,50,000  
Gains on sale of residential unit 50,000  
Loss under 'capital gains'
(-)   1,00,000
 
Total income     1,80,000

(since loss under capital gains cannot be set off against the income under any other head)

Loss under 'Capital Gains' 1,00,000
to be carried forward for eight years (i.e. upto A.Y. 2009-2010)  

                       

If in A.Y. 2002-2003, the assessee has income under 'Salaries' of Rs. 2,30,000/-, Capital Gains on sale of shares of Rs. 50,000/- and no income under any other head.

 

Income under 'Salaries' 2,30,000
   
Income under 'Capital Gains'  

Capital gains on sale of shares 

50,000

Less : Loss under capital gains

50,000

Brought forward from A.Y. 2001-02

 

Income from Capital Gains


NIL
   
Total income

Income under Salaries 

2,30,000

Income under 'Capital Gains' 


NIL

Total Income

2,30,000
   
Loss under Capital gains to be carried forward  

Loss in A.Y. 2001-2002

1,00,000

Loss set off this year

50,000

Loss to be carried forward

50,000

(upto A.Y. 2009-2010)

 

 

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