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Can I set-off LTCG and STCG on sale of shares of current year from Brought Forward Long Term Loss on sale of Right in Assets (LTCL)

Can I set-off LTCG and STCG on sale of shares of current year from Brought Forward Long Term Loss on sale of Right in Assets (LTCL)

Reply: Under section 74 of the Income tax Act if loss under the head “Capital gains” incurred during a year cannot be adjusted in the same year, then unadjusted capital loss can be carried forward to next year.In the subsequent year(s), such loss can be adjusted only against income chargeable to tax under the head “Capital gains”, however, long-term capital loss can be adjusted only against long-term capital gains. Short-term capital loss can be adjusted against long-term capital gains as well as short-term capital gains.

It is immaterial whether it is from sale of right in assets.

Posted Date: Mar 09, 2021
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