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Disallowance of set off of Loss - sale of equity shares (STT) - ...


Tribunal Permits Offset of Short-Term Capital Loss from Equity Shares Against Gains from Derivatives Under Tax Law.

April 22, 2024

Case Laws     Income Tax     AT

Disallowance of set off of Loss - sale of equity shares (STT) - short-term capital gains (STCG) on sale of derivatives and short-term capital loss (STCL) - The Tribunal examined various judicial pronouncements and held that under section 70(2) of the Act, STCL arising from any asset can be set off against STCG arising from any other asset under a similar computation, regardless of the differential tax rates. It emphasized that the computation in both cases is made under the same provisions, allowing for such set-off. Consequently, the Tribunal allowed the appeal of the assessee, affirming their right to set off STCL against STCG.

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