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Income-tax Act, 2025 | Section 113

Section 113 - Set off and carry forward of losses computed in respect of speculation business

A speculation-business loss is a separate four-year bucket. It can be used only against profit of another speculation business. The provision also contains a company deeming rule for share transactions. Section 113(6) switches that deeming rule off in either of two cases: (a) the company’s gross total income consists mainly of income under “Income from house property”, “Capital gains” or “Income from other sources”; or (b) its principal business is any one of three independent alternatives—trading in shares, banking, or granting loans and advances.

Reviewed by CA Nikhil Gupta · Updated 9 October 2026

Section 113: operativeEffective 1 April 2026Tax Year 2026-27 onwardLegally reviewed 8 October 2026

Current-law control

This page uses the consolidated Income-tax Act, 2025 as amended by the Finance Act, 2026. The Act and Income-tax Rules, 2026 operate from 1 April 2026. Earlier years and saved proceedings remain subject to the repeal-and-savings framework.

Primary statute: Income Tax Department consolidated Act   |   Rules: Notified Income-tax Rules, 2026

2-minute decode

A speculation-business loss is a separate four-year bucket. It can be used only against profit of another speculation business. The provision also contains a company deeming rule for share transactions. Section 113(6) switches that deeming rule off in either of two cases: (a) the company’s gross total income consists mainly of income under “Income from house property”, “Capital gains” or “Income from other sources”; or (b) its principal business is any one of three independent alternatives—trading in shares, banking, or granting loans and advances.

Who should use this section

Taxpayers with current-year or carried-forward losses under the relevant head or specified activity This applicability note is specific to section 113.

Old-law bridge

1961 Act section 73

The bridge is navigational only. A 1961 Act case or rule is carried forward only after checking wording, transition provisions and the current 2025 Act text.

Professional alert

Exception / professional alert Classify the activity before applying the loss rule. Delivery, derivatives, hedging and company-share deeming issues may be governed by other definitions and provisions.

Connected Income-tax Rules, 2026 and Forms

No provision-specific Rule/Form is independently mapped in this tranche. General return, procedure and evidence rules can still apply.

Worked application

A company incurs ₹9 lakh speculation loss in tax year 2026-27 and earns ₹4 lakh speculation profit in 2028-29. The company can use ₹4 lakh and continue ₹5 lakh, provided the four-year period and return condition are satisfied.

Evidence / compliance checklist

  • Build a section 113 loss ledger showing source, head, tax year of origin, amount used and balance carried forward.
  • Preserve the timely return and assessment/intimation that determines the loss where the statute makes filing a condition (section 113: Set off and carry forward of losses computed in respect of speculation business).
  • For reorganisations, retain scheme orders, ownership continuity, asset/business continuity and predecessor-successor tax records (section 113: Set off and carry forward of losses computed in respect of speculation business).
  • Prevent double use by reconciling the carry-forward schedule to each later return before set-off (section 113: Set off and carry forward of losses computed in respect of speculation business).

Common mistake

Using a single “loss carried forward” figure for section 113 without preserving head/source restrictions, filing conditions and the remaining statutory period.

Recommended approach

For section 113, fix the governing tax year, identify the operative sub-section for “Set off and carry forward of losses computed in respect of speculation business”, trace every amount to evidence, apply only verified Rule/Form links, and retain a computation that another reviewer can reproduce from the primary source.

Thresholds, periods and timing checkpoints

Judicial / interpretive bridge

No section-specific Supreme Court bridge is included for section 113 unless text-equivalence with the 2025 Act has been checked. Legacy cases should not be transplanted into section 113 merely because the subject is similar.

Related provisions

Current statutory text

113. (1) Any loss, computed in respect of a speculation business carried on by the assessee shall be set off only against profits and gains of another speculation business. (2) Where for any tax year, loss computed in respect of a speculation business cannot be wholly set off under sub-section (1), so much of the loss not so set off or the whole loss, as the case may be, shall be carried forward to the following tax year and— (i) be set off against the profits and gains, if any, of any speculation business carried on by him for such tax 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 tax year and so on. (3) No loss shall be carried forward under this section for more than four tax years immediately succeeding the tax year for which the loss was first computed. (4) Where any allowance of part thereof under section 33(11) or 45(7) related to the speculation business is to be carried forward, effect shall first be given to the provision of this section. (5) In this section, where any part of the business of the assessee (being a company) consists of purchase and sale of shares of other companies, then the assessee shall be deemed to be carrying on a speculation business, to the extent to which its business consists of purchase and sale of such shares. (6) The provisions of sub-section (5) shall not apply to an assessee, being a company, if— (a) its gross total income consists mainly of income which is chargeable under the heads “Income from house property”, “Capital gains” or “Income from other sources”; or (b) its principal business is of trading in shares or banking or the granting of loans and advances.

Primary-source trail

FAQs

What does section 113 of the Income-tax Act, 2025 cover?

Section 113 covers set off and carry forward of losses computed in respect of speculation business. The operative result depends on the exact statutory conditions shown on this page and applies from 1 April 2026, subject to transition/savings provisions.

Who should check section 113?

Taxpayers with current-year or carried-forward losses under the relevant head or specified activity This applicability note is specific to section 113.

Are there specific Rules or Forms for section 113?

No provision-specific Rule/Form independently mapped in this tranche.

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