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


Court Rules: Long-Term Capital Loss Can Be Carried Forward u/s 74, Overruling Incorrect Tax Interpretation.

May 5, 2021

Case Laws     Income Tax     AT

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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