Shiv Kumar Jatia v. ITO (2021) 190 ITD 181 (Delhi)(Trib.)

S. 74 : Losses-Capital gains-Security transaction tax-Loss from sale of long term capital asset-Allowed to be carried forward for set off though long term capital asset is exempt. [S. 10 (38), 45]

Tribunal held that  loss from sale of long-term capital asset on which security transaction tax has been paid should be allowed to be carried forward for set off even though income from such transfer of long-term capital asset is exempt under section 10(38)  of the Act.   (AY. 2011-12, 2013-14)