Section 73:
Losses in speculation business.
(1) Any loss, computed in respect of a speculation business
carried on by the assessee, shall not be set off except against profits and gains, if any, of another
speculation business.
(2) Where for any assessment year any loss computed in respect of a speculation business has not
been wholly set off under sub-section (1), so much of the loss as is not so set off or the whole loss where
the assessee had no income from any other speculation business, shall, subject to the other provisions of
this Chapter, be carried forward to the following assessment year, and—
(i) it shall be set off against the profits and gains, if any, of any speculation business carried on
by him assessable for that assessment year; and
(ii) if the loss cannot be wholly so set off, the amount of loss not so set off shall be carried
forward to the following assessment year and soon.
(3) In respect of allowance on account of depreciation or capital expenditure on scientific research,
the provisions of sub-section (2) of section 72 shall apply in relation to speculation business as they apply
in relation to any other business.
(4) No loss shall be carried forward under this section for more than 1
four assessment years
immediately succeeding the assessment year for which the loss was first computed.
2
Explanation.—Where any part of the business of a company (3
other than a company whose gross
total income consists mainly of income which is chargeable under the heads “Interest on securities”,
“Income from house property”, “Capital gains” and “Income from other sources”, or a company 4
the
principal business of which is the business of trading in shares or banking or the granting of loans and
advances) consists in the purchase and sale of shares of other companies, such company shall, for the
purposes of this section, be deemed to be carrying on a speculation business to the extent to which the
business consists of the purchase and sale of such shares.
Notes:
1. Subs. by Act 18 of 2005, s. 20, for “eight assessment years” (w.e.f. 1-4-2006).
2. Ins. by Act 41 of 1975, s. 15 (w.e.f. 1-4-1977).
3. Subs. by Act 11 of 1987, s. 74, for “other than an investment company, as defined in clause (ii) of section 109”
(w.e.f. 1-4-1988).
4. Subs. by Act 25 of 2014, s. 26, for “the principal business of which is the business of banking” (w.e.f. 1-4-2015).