Set-off of b/f LTCL of A.Y.02-03 agst STCG

This query is : Resolved 

13 April 2009 Assessee has STCG in A.Y.04-05 which he has setoff agst b/f LTCG of A.Y.02-03.
A.O.did not allow setoff on the basis of sec.74(1)(b). Sec.74(1)(b) came from w.e.f. 01/04/2003," in so far as such loss relates to a LTCA, it shall be set off agst income, if any, under the head Capital Gains assessable for that A.Y. in respect of any other capital asset not being STCA."
So my query is whether assessee can take setoff of STCG agst LTCL.

13 April 2009 As per sec 74 ltca loss can be set off only against ltca gains. but stca loss can be set off against st/ltca gains



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