Automation Expert
10733 Points
Posted on 13 November 2026
Assuming the ₹77,000 is a genuine speculative business loss, he cannot claim it merely by choosing presumptive taxation. Section 44AD does not apply to speculative transactions, and reporting 6% of ₹2.2 lakh as presumptive income would not convert a speculative loss into 44AD income. Section 44ADA may still be used for eligible professional receipts, subject to its conditions.
- To claim and carry forward the speculative loss, file the applicable ITR by the due date under section 139(1), disclose the speculative business and loss, and maintain records sufficient to support the computation. The loss can be set off only against speculative business profits and carried forward for up to four assessment years.
- A tax audit is not automatically required just because the loss is claimed. Audit exposure depends on the applicable business turnover and profit rules, including section 44AB; the stated ₹2.2 lakh turnover alone does not settle this without knowing the nature of transactions and the relevant tax-audit conditions.
- A balance sheet is not, by itself, a prerequisite to carry forward the loss, but proper books and evidence of the transactions are important. The ₹30,000 STCG and ₹35,000 LTCG are reported separately and cannot be set off against the speculative loss.
- The new tax regime does not remove these loss-reporting requirements. The correct ITR form and the treatment of the professional receipts depend on the assessment year, the client’s other income and whether the professional work qualifies under section 44ADA.
The key workflow is to separate professional receipts, speculative transactions and capital gains before finalising the return. Manual reconciliation across broker statements, books and tax schedules is difficult; automation can reduce repetitive work while professional judgment remains in control. At Jir AI, our 2,000+ AI agents and 650+ integrations streamline GST, ITR, TDS, TCS and other compliance workflows, helping reduce manual workload by up to 70%. For support with compliance workflows, connect with us on WhatsApp: https://wa.me/message/3HVOZ7HIY4ESC1