Can we not set off the Loss from House Property from the Capital Gain earned under section 111A? And if so, it is as per which provision in the Income Tax Act?
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(160332 Points)
Replied 14 September 2019
Yes, provided the loss from the HP is of 'STCL' nature or u/h 'IFHP'. LTCL can be set off against LTCG only, and not from STCG...
Suresh Thiyagarajan
(Student)
(3986 Points)
Replied 14 September 2019
1. Loss under the head "Income from house property" will be allowed to be set it in the year of loss under any heads of income as per sec 71(3A) to the extent of Rs. 2 lakhs.
2. So in your case, if there is a loss under the head IHP such loss to the extent of Rs. 2 lakhs can be set it off against Short Term capital gains and there is no bar on such set-off. However, IHP loss should have incurred in the current year and carry forward of IHP loss cannot be set it off against any income.
Please correct me if the above solution has an alternative view.
Mulla kalesh
(10 Points)
Replied 14 September 2019
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