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STT-paid short-term capital loss can be set off against non-STT STCG: ITAT Mumbai

Case Law Details

Case Name
Teacher Retirement System of Texas Vs ACIT (IT)-4(1)(2) (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2022-23
Advertisement Teacher Retirement System of Texas Vs ACIT (IT)-4(1)(2) (ITAT Mumbai) Income Tax Appellate Tribunal (ITAT) Mumbai Bench has delivered a significant ruling, allowing the Teacher Retirement System of Texas, a United States-based Foreign Portfolio Investor (FPI), to set off short-term capital losses incurred on transactions subject to Securities Transaction Tax (STT) against short-term capital gains derived from transactions where STT was not paid. The decision, pronounced on May 23, 2025, for the assessment year 2022-23, effectively overturned the earlier stance of the Assessing...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,678

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