Missed Intra-Head LTCG Setoff: Impact of Section 112 Amendments vs. Section 48



Quick Summary
This article explains the implications of recent amendments to Sections 48 and 112 of the Income Tax Act concerning Long Term Capital Gains (LTCG) setoff. Specifically, it addresses how the removal of indexation benefits after July 23, 2024, and subsequent relaxations for individuals and HUFs under Section 112 affect the treatment of capital losses when indexation is applied. The key takeaway is that any capital loss arising from indexation benefits will be ignored, preventing it from being set off against other gains.

When there is sale of two Properties say Flats, during the FY 2024-25 one in June 2024 and one in Dec 2024, where both the property has LTCG if Indexation is not used, whereas if Indexation is used the first house property has a Long Term Capital Gain and Long term capital Loss. As per the current
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FAQ :

The amendments to Section 48 mean that after July 23, 2024, indexation benefits are no longer available for long-term capital assets.

The amendment to Section 112(1)(a) states that if the tax calculated without indexation is higher than the tax calculated with indexation, the excess tax will be ignored. This effectively means tax on any resulting capital loss will be nil.

No, due to the amendments, if a long-term capital loss arises from the use of indexation benefits, this loss is ignored and cannot be set off against other capital gains.

Yes, the second proviso to Section 112(1)(a) offers some relaxation specifically to individuals and HUFs, ensuring that if tax without indexation is higher, the excess is ignored.

July 23, 2024, is the date after which indexation benefits are generally not available for long-term capital assets as per the initial amendment to Section 48.




About the Author

Director Finance

Working as a Legal Manager at West Coast Paper Mills.

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