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Set off of short term capital loss [STT paid] is allowed against STCG [STT not paid]
Case Law Details
- Case Name
- iShares ESG Aware MSCI ETF Vs DCIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2022-23
- Courts
- All ITAT, ITAT Mumbai
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iShares ESG Aware MSCI ETF Vs DCIT (ITAT Mumbai)
ITAT Mumbai held that short-term capital loss [STCL] on which STT is paid [which is taxable at 15% u/s. 111A of the Income Tax Act] can be set off against short-term capital gains [STCG] on which STT is not paid [which is taxable at 30% u/s. 115AD].
Facts- The assessee is a company incorporated in Mauritius, and is registered with the Securities and Exchange Board of India as a Foreign Portfolio Investor. During the assessment proceedings, AO observed that the assessee set off the short-term capital loss (on which STT was paid)...






