India - Income Tax Act 2010 - Saarc

S. 73 I.T. ACT, 1961 1.374and which would have been allowed to such bank as if the businessreorganisation had not taken place;(c) the expressions “amalgamated co-operative bank”, “amalgamatingco-operative bank”, “amalgamation”, “business reorganisation”, “cooperativebank”, “demerged co-operative bank”, “demerger”,“predecessor co-operative bank”, “successor co-operative bank” and“resulting co-operative bank” shall have the meanings respectivelyassigned to them in section 44DB.]Losses in speculation business.5573. (1) Any loss, computed in respect of a speculation business carried on bythe assessee, shall not be set off except against profits and gains, if any, ofanother speculation business.(2) Where for any assessment year any loss computed in respect of a speculationbusiness has not been wholly set off under sub-section (1), so much of the loss asis not so set off or the whole loss where the assessee had no income from any 56other 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 speculationbusiness 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 offshall be carried forward to the following assessment year and soon.(3) In respect of allowance on account of depreciation or capital expenditureon scientific research, the provisions of sub-section (2) of section 72 shallapply in relation to speculation business as they apply in relation to any otherbusiness.(4) No loss shall be carried forward under this section for more than 57 [four]assessment years immediately succeeding the assessment year for which theloss was first computed.58[Explanation.—Where any part of the business of a company ( 59 [other than acompany whose gross total income consists mainly of income which ischargeable under the heads “Interest on securities”, “Income from houseproperty”, “Capital gains” and “Income from other sources”], or a company theprincipal business of which is the business of banking or the granting of loansand 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 carrying55. See also Circular No. 13(102)-IT/53, dated 8-9-1954. For details, see Taxmann’s MasterGuide to Income-tax Act.For relevant case laws, see Taxmann’s Master Guide to Income-tax Act.56. For the meaning of the term “any”, see Taxmann’s Direct Taxes Manual, Vol. 3.57. Substituted for “eight” by the Finance Act, 2005, w.e.f. 1-4-2006.58. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1977.59. Substituted for “other than an investment company, as defined in clause (ii) of section 109”by the Finance Act, 1987, w.e.f. 1-4-1988.