set off under capital gain

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sunil (Querist)
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13 July 2010 Short term capital gain on sale of fixed assets Rs. 800,000/-

Short term Capital Loss on share trading Rs. 10,00,000/-

Can these be set off,
plz give any ref.

CA Ghanshyam Joshi

CA Ghanshyam Joshi (Expert)
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13 July 2010 If the transaction are of same year then -Short Term Capital Loss can be set off against Short Term Capital Gain provided that the short term capital loss on share trading is not from the transaction of "Speculative" nature.

If the short term capital loss is carried forward loss then -

10.12 LOSSES UNDER THE HEAD ‘CAPITAL GAINS’ [SECTION 74 ]
Section 74 provides that where for any assessment year, the net result under the head
‘Capital gains’ is short term capital loss or long term capital loss, the loss shall be carried
forward to the following assessment year to be set off in the following manner:
(i) Where the loss so carried forward is a short term capital loss, it shall be set off against any capital gains, short term or long term, arising in that year.
(ii) Where the loss so carried forward is a long term capital loss, it shall be set off only
against long term capital gain arising in that year.
(iii) Net loss under the head capital gains cannot be set off against income under any
other head.
(iv) Any unabsorbed loss shall be carried forward to the following assessment year up
to a maximum of 8 assessment years immediately succeeding the assessment year for
which the loss was first computed.

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sunil

sunil (Querist)
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15 July 2010 can these be set off?

CA Ghanshyam Joshi

CA Ghanshyam Joshi (Expert)
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15 July 2010 10.3 INTER SOURCE ADJUSTMENT [SECTION 70]
(i) Under this section, the losses incurred by the assessee in respect of one source shall be set-off against income from any other source under the same head of income, since the income under each head is to be computed by grouping together the net result
of the activities of all the sources covered by that head. In simpler terms, loss from one source of income can be adjusted against income from another source, both the sources being under the same head.
Example 1: Loss from one house property can be set off against the income from another house property.
Example 2: Loss from one business, say textiles, can be set off against income from any other business, say printing, in the same year as both these sources of income fall under one head of income. Therefore, the loss in one business may be set-off against the profits from another business in the same year.
(ii) Inter-source set-off, however, is not permissible in the following cases -
(a) Long-term capital loss -
(1) Where the net result in respect of any short term capital asset is a loss, such loss shall be allowed to be set-off against income, if any, for that assessment year under the head “capital gains” in respect of any other capital asset, and
(2) Where the net result in respect of any long-term capital asset is a loss, such loss shall be allowed to be set-off against income, if any, for that assessment year under the head “capital gains” in respect of any other asset not being a short-term capital asset.
Thus, short-term capital loss is allowed to be set off against both short-term capital gain and long-term capital gain. However, long-term capital loss can be set-off only against long-term capital gain and not short-term capital gain.
(b) Speculation loss - A loss in speculation business can be set-off only against the profits of any other speculation business and not against any other business or professional income. However, losses from other business can be adjusted against
profits from speculation business.
(c) Loss from the activity of owning and maintaining race horses - See section 74A(3) in para 10.13 of this chapter.
(iii) It must be noted that loss from an exempt source cannot be set-off against profits from a taxable source of income. For example, long-term capital loss on sale of shares sold through a recognized stock exchange cannot be set-off against long-term capital gains on sale of land.

Hope that the above extract resolve your question. The extract is from Direct Tax Study Material of ICAI.

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