Section 73 of Income Tax Act, 1961

Understand Section 73 of the Income Tax Act, 1961, and learn how losses from speculative transactions are treated for tax purposes. Know the rules and implications.
Home Loan
2 min
05 April 2025
Are you navigating the maze of tax laws in India? Section 73 of the Income Tax Act might be a crucial piece of the puzzle for your financial planning. This section has significant implications for investors, especially those dealing with share market transactions.

If you have faced losses in your stock market investments, Section 73 could help you manage these setbacks effectively. Understanding how these provisions work might save you substantial tax amounts in the long run.

This article will explain Section 73 in simple terms, helping you grasp its purpose and application in your tax planning strategy. You might already be eligible for certain tax benefits under this section. Check your eligibility by entering your mobile number and OTP to learn more about optimising your tax savings.

What is Section 73 of the Income Tax Act?

Section 73 deals specifically with losses from speculation business. The Income Tax Act considers share trading as a speculative business in certain circumstances. This section controls how you can set off and carry forward these specific losses.

When you buy and sell shares as a regular business activity, the income tax department views it differently from casual investments. Section 73 creates clear rules for handling losses from such activities.

Are you unsure if Section 73 applies to your investments? Check your loan offers and tax planning options by entering your mobile number and verifying with an OTP. Our experts can guide you through the application of Section 73 to your specific situation.

Purpose of Section 73 of the Income Tax Act

The main aim of Section 73 is to prevent tax avoidance through artificial losses. It ensures that taxpayers cannot use speculative losses to reduce their tax burden from other income sources unfairly.

The tax department created this section to maintain a balance. It allows genuine business losses to be carried forward but prevents misuse of the provision. This helps maintain the integrity of the tax system while giving relief to honest taxpayers.

Section 73 of the Income Tax Act explained

Section 73 states that losses from speculation business can only be set off against profits from other speculation business. You cannot use these losses to reduce your salary income or business profits from non-speculative activities.

For example, if you lost Rs. 50,000 in intra-day trading (considered speculative), you cannot use this loss to reduce your taxable salary. However, you can use it against profits from other speculative transactions. Check your eligibility for tax-saving investments that complement your Section 73 planning by entering your mobile number and OTP.

Carry forward of losses

Section 73 allows you to carry forward speculation losses for up to four assessment years. This means if you cannot set off your losses in the current year, you get four more chances to do so against future speculation profits.

This carry-forward benefit gives taxpayers breathing room to recover from market downturns. However, you must file your income tax return before the due date to claim this benefit. Missing the deadline means losing your right to carry forward these losses.

Set-off of losses

The set-off mechanism under Section 73 works in a specific order. First, you must set off speculation losses against speculation profits of the same year. If any loss remains, you can carry it forward to the next year.

This systematic approach ensures proper tracking of losses and their set-off. Remember that these losses can only reduce future speculation profits, not any other income type.

While planning your tax strategy, also consider your housing needs. Just as Section 73 helps manage investment losses, a well-planned home loan can provide tax benefits under other sections.

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Eligibility criteria to get home loan from Bajaj Finserv

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

  • Indian citizenship and residence in India
  • Age between 23-67 years for salaried applicants (up to 70 years for self-employed)
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  • Employment as salaried, professional, or self-employed individual
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You may already qualify for a home loan with competitive interest rates. Check your loan offers by entering your mobile number and OTP to discover your personalised options today.

Making the Most of Section 73 and home loan benefits

Understanding Section 73 helps you manage investment losses effectively. Similarly, a well-planned home loan offers multiple tax advantages under different sections of the Income Tax Act.

Bajaj Housing Finance Home Loans provide numerous benefits that complement your tax planning:

  • Interest rates starting at just 8.25%* p.a mean lower EMIs of Rs. 741/lakh*
  • Loan approval within 48 hours* saves valuable time
  • Flexible tenure of up to 32 years makes repayment comfortable
  • No foreclosure fees for floating rate loans gives financial flexibility
  • 5000+ approved projects for quick loan processing
  • Balance transfer facility with top-up loans up to Rs. 1 crore for additional financial needs
The top-up loan feature is particularly useful as it provides extra funds that can be used for various purposes without restrictions. You might already be pre-approved for a home loan with these benefits. Check your eligibility by entering your mobile number and OTP to unlock your housing finance options.

Make a smart move by combining your understanding of Section 73 with the advantages of a Bajaj Housing Finance Home Loan. This integrated approach can optimise both your investment strategy and housing plans.

*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 Section 73 of the tax system?
Section 73 deals with speculation business losses, allowing set-off only against other speculation profits and carry-forward for four years.

What is Section 73 service tax?
Section 73 of Income Tax Act is not related to service tax. It specifically covers speculation business losses and their treatment for income tax purposes.

What is payment under section 73?
No specific payment is prescribed under Section 73. It only governs how speculation losses are treated for tax purposes in your income tax computation.

What is show cause notice under section 73?
A show cause notice under Section 73 may be issued if tax authorities question the classification of your business activities as speculative or non-speculative.

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