Ananthapadmanabhan, who works for an MNC, owns a house from which he earns a rental income apart from receiving salary. Ananth had sold some shares in FY 21-22, which resulted in a net short term capital loss. For filing his ITR for FY 2021-22, he is of the view that since he had only a capital loss, there would be no tax impact and hence he need not declare the capital loss in his return of income. Ananth is planning to book some capital gains in FY 2022-23. Is Ananth correct in assuming so?

A capital loss can be set off only against a capital gain.

A short term capital loss can be set off against both short term and long term capital gains.

A loss from one period can be carried forward and set of in a subsequent period. Income Tax Act allows a carry forward of loss up to 8 years.

But it is possible to carry forward and set off the loss against future gains only if:

a. The loss is declared in the return of income in the year in which it was incurred/booked, and

b. The income tax return is filed within the due date.

Hence Ananth can take the benefit of carry forward and set off of capital loss against his capital gains in the subsequent year only if he declares this loss in his ITR filed for FY 2021-22 and also files his return of income on or before Dec 31, 2022.

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