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Losses under the head capital gains
Where the assessee
has suffered loss on transfer of certain capital asset and earned profit on
transfer of other capital assets, he is entitled to have the amount of such
loss set off against such gains. Any loss remaining unadjusted under the head
'capital gains', however, cannot be set off against income under the other heads,
e.g. salaries, house property, business or profession and other sources, but
shall be carried forward for set off against capital gains in the subsequent
assessment year. However, no loss shall be carried forward for more than eight
assessment years from the year for which the loss was first computed.
Example
: For the A.Y. 2001-2002.
A resident
individual has income under "salaries" of Rs. 1,80,000/-,
capital loss on sale of shares of Rs 1,50,000 and capital gains
on sale of a residential unit of Rs. 50,000/-. He has no other income.
| Income
under 'capital gains' |
|
1,80,000 |
| Loss
on sale of shares |
(-)l,50,000 |
|
| Gains
on sale of residential unit |
50,000 |
|
| Loss
under 'capital gains' |
(-)
1,00,000
|
|
| Total
income |
|
1,80,000 |
(since
loss under capital gains cannot be set off against the income
under any other head)
| Loss
under 'Capital Gains' |
1,00,000 |
| to
be carried forward for
eight years (i.e. upto A.Y. 2009-2010) |
|
If
in A.Y. 2002-2003, the assessee has income under 'Salaries'
of Rs. 2,30,000/-, Capital Gains on sale of shares of
Rs. 50,000/- and no income under any other head.
| Income
under 'Salaries' |
2,30,000 |
| |
|
| Income
under 'Capital Gains' |
|
Capital
gains on sale of shares
|
50,000 |
Less
: Loss under capital gains
|
50,000 |
Brought
forward from A.Y. 2001-02
|
|
Income
from Capital Gains
|
NIL
|
| |
|
| Total
income |
|
Income
under Salaries
|
2,30,000 |
Income
under 'Capital Gains'
|
NIL
|
Total
Income
|
2,30,000 |
| |
|
| Loss
under Capital gains to be carried forward |
|
Loss
in A.Y. 2001-2002
|
1,00,000 |
Loss
set off this year
|
50,000 |
Loss
to be carried forward
|
50,000 |
(upto
A.Y. 2009-2010)
|
|
|
 |