• How to set off the business loss with other heads of income under different slabs

My consultant adjusted the "Business Loss" of Rs 89,000 with "Interest from Bank Deposit of Rs 16,000" and "Short Term Capital Gain (taxed @ 15%) of Rs 5,000" to carry forward the Loss of (16,000+5,000 - 89,000) - Rs 68,000 for set off in future. I fall in 30% tax bracket, thus my Business Profit and Interest on Bank Deposit are taxed @ 30% 

Next year, there was a "Business Profit" of Rs 92,000, "interest from bank deposit of 14,000" and "short term capital gain (taxed @ 15%) of Rs 6,000. Assuming that all the incomes to be taxed @ 30%, what would be the tax liability ? The issue is as regards the ST capital gain which is taxed at a different slab, i.e. @ 15%.

1) Scenario 1 (in this case, I am forced to pay 30% tax on ST capital gain although it is taxed @ 15%): Total income in 2018-19: (92,000+14,000+6,000)= 112,000. After adjusting to the Loss (112,000 - 68,000) = 44,000. The total Tax Liability (30% of the 44,000) = Rs 13,400 

2) Scenario 2 (I am forced to pay a part of the ST gain @ 30%): Profit from Business = (92,000 - 68,000) = 24,000. Tax is = 24,000 X 30% = 7,200
Tax on Interest = 14,000 X 30% = 4,200. Tax on ST Capital Gain = 6,000 X 15% = 900. The Total Tax liability = 7,200+4,200+900 = 12,300.

3) Scenario 3: Profit from Business = (92,000 - 89,000) = 3,000. Tax is 3,000 X 30% = 900
Tax on the Bank Deposit = (16,000+14,000) = 30,000. Tax is 30,000 X 30% = 9,000
Tax on ST Capital Gain = (5,000 + 6,000) = 11,000. Tax is 11,000 X 15% = 1,650
The total Tax liability is (900+9,000+1,650) = 11,550 
 
Which one is Correct ? Rs 13,400 ? 12,300 ? 11,550 ?
Asked 5 years ago in Capital Gains Tax

Hi,

 

Scneario 2 is correct. 

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Dear Sir,

 

Hope you are doing well !!

 

Scenario 2 is correct.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hello,

 

The second Scenario is the correct one.

 

I hope that this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

 

 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Yes, your understanding is correct.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Yes.

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

There is no such hierarchy suggested by Income tax act in section 71.

Hence you can use method 3 which is most beneficial for you.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

I dont think so thats a correct interpretation.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

In case of derivative trading sale and purchase is the net off result of each transaction.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

To calculate turnover, sum up the value of your positive and negative trades. Say if you have a positive trade of Rs 40,000 and negative trade of Rs 36,000, your income is Rs 4,000 but your turnover shall be Rs 76,000

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Turnover would be the sum of absolute values of profits and losses. Tax Audit liability required to be checked.

 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

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