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Rakesh Aggarwal (Student)     23 February 2008

set off and carry forward

set off and carry forward

Q: can loss from businees(non speculative) or H.P can be set off from lottery income??
I have a book of Mr. ajay jain, in which a question contains that:
" LOSSES CAN BE SET OFF AGAINST WINNINGS OF LOTTERIES, HORSE RACES ETC."
AND FURTHER A PRACTICAL QUESTION THAT IS
Q112 Mr X won lottery of Rs. 10000, but incurred a loss of rs. 7000 in non speculative business. on how much income is liable to pay tax?
Ans: 3000 as per answer given in his suggested answers


I am not agreed with this, what ur opinion?


 5 Replies

Shiv om Jindal

Shiv om Jindal (ACA)     23 February 2008

Even i haven't got any clue whether there is any provision of this sort, in the case of winnings from lottery etc. even the expenses incurred in relation to that income are not allowed as deduction forget about loss.
 CA Mohit Mohan

CA Mohit Mohan (c.a. profession)     23 February 2008

no loss can be set off from lottery income u think right
Garima

Garima (Student)     23 February 2008

As per Sec 73, any loss, in respect of a speculation business carried on by the assessee, shall be set off only against income of another speculation business. It cannot be set off fromnon-speculation business income. However, a business loss can be set off against income from speculation business but vice versa is not possible. Loss from HP can be set off against income from any other HP. According to me the author is right. Loss of Rs.7000 can be set off against amount won from lottery.
Guest
(Guest)
I personally thinks different authors interpreted differently
Rakesh Aggarwal

Rakesh Aggarwal (Student)     24 February 2008

section 115 of lottery income states that"NO LOSSES CAN BE SET OFF FROM WINNING OF LOTTERY INCOME"
FURTHER IN CHAPTER CARRY FORWARD AND SET OFF IT STATES THAT;
1. INCOME FROM HOUSE PROPERTY (INTER HEAD) CAN BE SET OFF AGAINST ANY INCOME

2. LOSS FROM NON SPECULATIVE BUSSINESS CAN BE SET OFF AGAINST ANY INCOME OTHER THAN SALARY
I THINKS AUTHORS HAVE INTERPRETED IT DIFFERENTLY AS IN SECTION 115 ITS CARRIED THE WORD "NO LOSS" WHICH IS INTERPRETED

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