Set off of losses under the same head of income
[As per the Income Tax Act, 2025 (this Act) w.e.f. 1st April, 2026.]
Section 108(1) of Income Tax Act 2025
(1) Unless provided otherwise in this Act, for any tax year, if net result of computation from any source under any head of income (other than “Capital gains”) is a loss, then assessee shall be entitled to set off such loss against his income from any other source under the same head for that tax year.
Section 108(2) of Income Tax Act 2025
(2) Any loss, as a result of computation made under sections 72 to 90, for any tax year, arising from transfer of a capital asset as arrived at under a similar computation made for the tax year in respect of any other capital asset being,––
(a) a long-term capital asset, shall be set off only against gains, if any, from transfer of another long-term capital asset; and
(b) a short-term capital asset, shall be set off against gains, if any, from transfer of any capital asset.