India - Income Tax Act 2010 - Saarc

S. 70 I.T. ACT, 1961 1.36428[Amount borrowed or repaid on hundi.2969D. Where any amount is borrowed on a hundi from, or any amount duethereon is repaid to, any person otherwise than through an accountpayee cheque drawn on a bank, the amount so borrowed or repaid shall bedeemed to be the income of the person borrowing or repaying the amountaforesaid for the previous year in which the amount was borrowed or repaid, asthe case may be :Provided that, if in any case any amount borrowed on a hundi has been deemedunder the provisions of this section to be the income of any person, such personshall not be liable to be assessed again in respect of such amount under theprovisions of this section on repayment of such amount.Explanation.—For the purposes of this section, the amount repaid shall includethe amount of interest paid on the amount borrowed.]Set off, or carry forward and set off30[Set off of loss from one source against income from another source under thesame head of income.70. (1) Save as otherwise provided in this Act, where the net result for anyassessment year in respect of any source falling under any head of income,other than “Capital gains”, is a loss, the assessee shall be entitled to have theamount of such loss set off against his income from any other source under thesame head.(2) Where the result of the computation made for any assessment year undersections 48 to 55 in respect of any short-term capital asset is a loss, the assesseeshall be entitled to have the amount of such loss set off against the income, if any,as arrived at under a similar computation made for the assessment year inrespect of any other capital asset.(3) Where the result of the computation made for any assessment year undersections 48 to 55 in respect of any capital asset (other than a short-term capitalasset) is a loss, the assessee shall be entitled to have the amount of such loss setoff against the income, if any, as arrived at under a similar computation madefor the assessment year in respect of any other capital asset not being a shorttermcapital asset.]28. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1977.29. See also Circular No. 221, dated 6-6-1977 and Circular No. 208, dated 15-11-1976. Fordetails, see Taxmann’s Master Guide to Income-tax Act.30. Substituted by the Finance Act, 2002, w.e.f. 1-4-2003. Prior to its substitution, section 70,as substituted by the Finance (No. 2) Act, 1962, w.e.f. 1-4-1962 and amended by the FinanceAct, 1987, w.e.f. 1-4-1988, read as under :“70. Set off of loss from one source against income from another source under the samehead of income.—Save as otherwise provided in this Act, where the net result for anyassessment year in respect of any source falling under any head of income is a loss, theassessee shall be entitled to have the amount of such loss set off against his income fromany other source under the same head.”