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Income Tax - Highlights / Catch Notes

Home Highlights May 2021 Year 2021 This

Treatment of long-term capital loss arising from transfer of ...

Case Laws     Income Tax

May 5, 2021

Treatment of long-term capital loss arising from transfer of shares - denial of carry forward for set-off against Long Term Capital Gain - the Section 74 has not been made and cannot be made otiose. The provisions of Section 10(38) and Section 74 have to be read harmoniously but not antagonistically. We hold that the decision of the ld. CIT (A) is on incorrect interpretation of the provisions of the Act and hence cannot be sustained. - AT

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