Section 74: Set Off and Carry Forward of Losses

Claim set off of losses up to Rs. 2 lakh against income from other sources. Understand Section 74 rules and regulations.
Home Loan
2 min
05 April 2025
Tax planning is vital for every Indian taxpayer. Section 74 of Income Tax Act offers relief by allowing you to set off and carry forward certain losses. This provision can help reduce your tax burden and manage your finances better. Understanding how to use Section 74 of Income Tax Act can save you money and improve your financial health.

Section 74 of Income Tax Act specifically deals with losses from capital assets. These include shares, property, and other investments. The law lets you balance losses against gains and even carry forward some losses to future years. This helps taxpayers pay less tax and recover from investment setbacks.

This article will explain Section 74 of Income Tax Act in simple terms. We will look at how you can use it to lower your tax bill. We will also see how planning your home investments with options like Bajaj Housing Finance Home Loan can fit into your tax strategy.

Section 74 of CGST Act: Demand of Tax under Fraud Cases

While the Income Tax Act has Section 74 for capital losses, the CGST Act also has Section 74. But these serve different purposes. Section 74 of Income Tax Act helps taxpayers manage losses, while the CGST version deals with tax evasion cases.

Section 74 of Income Tax Act lets you set off losses from capital assets against capital gains. If your losses exceed gains in one year, you can carry them forward. This means less tax now and possible tax savings in future years. This benefit is not available in GST law, which focuses on tax collection rather than loss adjustment.

Many home buyers use Section 74 of Income Tax Act to manage their property investments. When paired with a Bajaj Housing Finance Home Loan at interest rates starting from 8.25%* p.a, you can plan both your investment and tax strategy effectively. Check your loan offers from Bajaj Finance today. You may already be eligible, find out by entering your mobile number and OTP.

What is Section 74 of the Income Tax Act?

Section 74 of Income Tax Act covers capital losses and how they can offset capital gains. Capital assets include shares, property, bonds, and similar investments. The section divides these into short-term and long-term categories.

Under Section 74 of Income Tax Act, short-term capital losses can be set off against both short-term and long-term capital gains. However, long-term capital losses can only be set off against long-term capital gains. This distinction is important for your tax planning.

Applicability of Section 74 in FY 2024-25 and onwards

For FY 2024-25, Section 74 of Income Tax Act continues to apply with some updated rules. The basic framework remains the same, allowing taxpayers to set off capital losses against capital gains.

One important update is the treatment of losses from specified assets like equity shares. These now have specific limitations on carry forward periods. Section 74 of Income Tax Act still allows an eight-year carry forward period for most capital losses, giving taxpayers ample time to recover.

If you are planning to buy property, understanding these rules can help with your decision. A Bajaj Housing Finance Home Loan offers flexible terms up to 32 years, which can complement your tax planning under Section 74 of Income Tax Act. Wondering if you qualify? Check your eligibility now. You may already be eligible, find out by entering your mobile number and OTP.

Section 74 of the Income Tax Act time limit

The time limit for claiming benefits under Section 74 of Income Tax Act is eight assessment years. This means you can carry forward your capital losses for up to eight years following the year in which the loss was first computed.

Section 74 of Income Tax Act requires that you file your tax return on time to claim the carry forward benefit. If you miss the deadline, you may lose the ability to carry forward these losses, even if they are within the eight-year period.

Procedure for issuing a notice under section 74

While Section 74 of Income Tax Act does not involve notices, you must follow proper procedures to claim its benefits. You need to declare your capital losses in your tax return and compute them correctly.

Section 74 of Income Tax Act requires proper documentation of all transactions leading to capital losses. Keep records of purchase and sale documents, improvement costs, and other relevant expenses. This helps prove the validity of your claim during assessment.

Options available for taxpayers regarding demand notice u/s 74

Under Section 74 of Income Tax Act, taxpayers have several options for managing their capital losses. You can choose to set them off in the current year or carry them forward if that makes more sense for your tax situation.

Section 74 of Income Tax Act allows you to plan your investments with tax efficiency in mind. For example, you might time the sale of assets to maximise tax benefits. This planning can include property investments financed through options like a Bajaj Housing Finance Home Loan. Interested in property investment? Check your loan offers today. You may already be eligible, find out by entering your mobile number and OTP.

Section 74 of the Income Tax Act penalty

There are no penalties specifically under Section 74 of Income Tax Act. However, incorrect claims or false information can lead to penalties under other sections of the Income Tax Act.

Section 74 of Income Tax Act is designed to provide relief, not impose penalties. But you must ensure accurate reporting of your capital transactions. This includes proper disclosure of all relevant details in your tax return.

Input Tax Credit (ITC) of tax paid under Section 74 of the Income Tax Act

Section 74 of Income Tax Act does not deal with Input Tax Credit, which is a GST concept. The section focuses solely on the treatment of capital losses for income tax purposes.

Under Section 74 of Income Tax Act, you deal with direct taxes on capital transactions. This is separate from indirect tax systems like GST. However, both systems affect your overall financial planning and tax burden.

Section 74 of Income Tax Act case laws

Several case laws have helped clarify the application of Section 74 of Income Tax Act. These rulings provide guidance on how to interpret and apply the provisions correctly.

Section 74 of Income Tax Act has been subject to judicial interpretation in cases involving complex financial instruments and unusual capital asset transactions. These precedents help taxpayers understand how the law applies to different situations.

How to apply for Bajaj Finserv Home Loan

Applying for a Bajaj Housing Finance Home Loan is simple and fast. Here are the steps:

  • Click on the 'APPLY' button. This starts your application process with basic information entry.
  • Enter your personal details including name, mobile number, and employment type. These details help determine your initial eligibility.
  • Select the type of home loan you need from fresh loans, balance transfers, or top-up options. Each serves different needs and comes with unique benefits.
  • Verify your phone number with an OTP and provide additional details like income and loan amount needed. These factors affect your final loan approval.
  • Submit your application and wait for a Bajaj Finserv representative to contact you. They approve most applications within 48 hours* of submission.
Considering a home loan? Check your eligibility now. You may already be eligible, find out by entering your mobile number and OTP.

Eligibility criteria to get home loan from Bajaj Finserv

To qualify for a Bajaj Housing Finance Home Loan, you need to meet these requirements:

  • Citizenship: You must be an Indian citizen residing in India. This is a standard requirement for all Indian financial products.
  • Age: Salaried applicants must be between 23 and 67 years old. Self-employed professionals must be between 23 and 70 years old. The upper age limit applies at loan maturity.
  • Credit score: A CIBIL Score of 725 or higher is ideal for home loan approval. A good score helps you get better interest rates and terms.
  • Occupation: You must be a salaried employee, professional individual, or self-employed person. Your occupation type affects the documents required for home loan application.
  • Documents: You need to provide KYC documents, income proof, and bank statements. Self-employed applicants also need business proof documents.
With competitive home loan interest rates starting from 8.25%* p.a, Bajaj Finance makes homeownership affordable for qualified applicants.

Conclusion

Understanding Section 74 of Income Tax Act can significantly improve your tax planning. By properly managing your capital losses, you can reduce your tax liability and strengthen your financial position. This knowledge becomes even more valuable when combined with smart home financing options.

A Bajaj Housing Finance Home Loan offers numerous benefits that complement your tax strategy:

  • Interest rates starting from 8.25%* p.a make your EMIs affordable at just Rs. 741/lakh*.
  • Loan amounts up to Rs. 15 crore* help you purchase your dream home without compromising.
  • Flexible repayment tenure up to 32 years allows comfortable repayment planning.
  • Quick approval within 48 hours* gets you moving on your home purchase rapidly.
  • No foreclosure fee for individual borrowers with floating interest rates gives you repayment flexibility.
  • Balance transfer facility with top-up loan options up to Rs. 1 crore* provides additional financial support.
These home loan features work alongside tax benefits to optimise your financial situation. When you plan your property investment with both Section 74 of Income Tax Act and home loan features in mind, you create a comprehensive strategy that saves money and builds wealth.

Ready to take the next step? Check your loan offers from Bajaj Housing Finance today. You may already be eligible, find out by entering your mobile number and OTP.

*Terms and conditions apply

Check also:

Income Tax LoginIncome Tax E Filing
Income Tax SlabTax Concept
Calculate TaxNew Tax Regime Income Tax Slabs
New Tax Regime CalculatorNew Tax Slab
Short Term Capital Gain TaxLong Term Capital Gain Tax


Frequently asked questions

What is the purpose of Section 74 of the Income Tax Act?
Section 74 allows taxpayers to set off capital losses against capital gains and carry forward remaining losses for up to eight years, reducing overall tax liability.

When does Section 74 of the Income Tax Act apply?
It applies when you incur losses from the transfer of capital assets like shares, property, or other investments that result in capital losses.

What is the time limit for carrying forward losses under Section 74?
Losses can be carried forward for eight assessment years following the year in which the loss was first computed and claimed in your tax return.

Is there any provision for voluntary declaration under Section 74?
Yes, you must voluntarily declare your capital losses in your income tax return to claim the benefit of set off and carry forward.

How are short-term and long-term losses treated differently under Section 74?
Short-term capital losses can be set off against both short-term and long-term capital gains, while long-term losses can only be set off against long-term gains.

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