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Income Tax - Highlights / Catch Notes

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The ITAT held that u/s 10(38), only long term capital gain from ...


Loss from selling shares on stock exchange can be set off against long-term capital gain from unlisted shares.

Case Laws     Income Tax

June 8, 2024

The ITAT held that u/s 10(38), only long term capital gain from sale of shares/securities is exempt, not the entire source. Citing Royal Calcutta Turf Club case, it ruled that if a source is not excluded from charging section, only specific income is exempt. Loss from shares with STT can offset long term capital gain from unlisted shares. AO directed to allow set off. The decision emphasizes strict interpretation of law when only specific income is exempted.

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