Long term capital loss

Nikhil Agrawal (Article trainee) (52 Points)

23 July 2009  

Hi,
 
Facts
 

The assessee has a long term capital gain of Rs 2,50,000 on sale of house property. The assessee has taken an exemption under section 54 (the assessee is rightly eligible as per the given conditions).

 

Now, the assessee has a long term capital loss of Rs 10,000 on sale of shares [rightly exempt under section 10(38)]

 

The assessee has no other long term capital gains to set off the above long term capital loss of Rs 10,000.

 
Query
 

Can the assessee claim the entire gains of Rs 2,50,000 as exempt under section 54 and then carry forward the long term cap loss of Rs 10,000 for next 8 AYs?

 

Is it that first I need to set off the loss of 10000 against gain of 2,50,000 and then the balance 2,40,000 should be claimed as exemption u/s 54?

 
Thanks and regards,
 
Nikhil