Losses under the head “Capital gains”.

7[(1) Where in respect of any assessment year, the net result of the computation under the head “Capital gains” is a loss to the assessee, the whole loss shall, subject to the other provisions of this Chapter, be carried forward to the following assessment year, and—

1. (a) in so far as such loss relates to a short-term capital asset, it shall be set off against income, if any, under the head “Capital gains” assessable for that assessment year in respect of any other capital asset;
2. (b) in so far as such loss relates to a long-term capital asset, it shall be set off against income, if any, under the head “Capital gains” assessable for that assessment year in respect of any other capital asset not being a short-term capital asset;
3. (c) if the loss cannot be wholly so set off, the amount of loss not so set off shall be carried forward to the following assessment year and so on.]

1. (2) No loss shall be carried forward under this section for more than eight assessment years immediately succeeding the assessment year for which the loss was first computed.

¹ Subs. by Act 18 of 2005, s. 20, for “eight assessment years” (w.e.f. 1-4-2006).

² Ins. by Act 41 of 1975, s. 15 (w.e.f. 1-4-1977).

³ Subs. by Act 11 of 1987, s. 74, for “other than an investment company, as defined in clause (ii) of section 109” (w.e.f. 1-4-1988).

⁴ Subs. by Act 25 of 2014, s. 26, for “the principal business of which is the business of banking” (w.e.f. 1-4-2015).

⁵ Ins. by Act 33 of 2009, s. 28 (w.e.f. 1-4-2010).

⁶ Subs. by Act 11 of 1987, s. 31, for section 74 (w.e.f. 1-4-1988).

⁷ Subs. by Act 20 of 2002, s. 29, for sub-section (1) (w.e.f. 1-4-2003).

1* ] 2[74A. Losses from certain specified sources falling under the head “Income from other sources”.—3*

4[(3) 5*** In the case of an assessee, being the owner of horses maintained by him for running in horse races (such horses being hereafter in this sub-section referred to as race horses), 6[the amount of loss incurred by the assessee in the activity of owning and maintaining race horses in any assessment year shall not be set off against income, if any, from any source other than the activity of owning and maintaining race horses in that year and] shall, subject to the other provisions of this Chapter, be carried forward to the following assessment year and—

1. (a) it shall be set off against the income, if any, 7[from the activity of owning and maintaining race horses,] assessable for that assessment year: Provided that the activity of owning and maintaining race horses is carried on by him in the previous year relevant for that assessment year; and
2. (b) if the loss cannot be wholly so set off, the amount of loss not so set off shall be carried forward to the following assessment year and so on; so, however, that no portion of the loss shall be carried forward for more than four assessment years immediately succeeding the assessment year for which the loss was first computed. Explanation.—For the purposes of this sub-section—
3. (a) “amount of loss incurred by the assessee in the activity of owning and maintaining race horses” means—
   • (i) in a case where the assessee has no income by way of stake money, the amount of expenditure (not being in the nature of capital expenditure) laid out or expended by him wholly and exclusively for the purposes of maintaining race horses;
   • (ii) in a case where the assessee has income by way of stake money, the amount by which such income falls short of the amount of expenditure (not being in the nature of capital expenditure) laid out or expended by the assessee wholly and exclusively for the purposes of maintaining race horses;
4. (b) “horse race” means a horse race upon which wagering or betting may be lawfully made;
5. (c) “income by way of stake money” means the gross amount of prize money received on a race horse or race horses by the owner thereof on account of the horse or horses or any one or more of the horses winning or being placed second or in any lower position in horse races.]