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Home > Income Tax Act 2025 > Section-109Last Updated: Feb 14th 2025

Section-109 : Set off of losses under any other head of income

Learn to understand the section-109 as it is, it's help and useful links to follow.

Here onwards, "Act" refers to "Income Tax Act 2025"

New Income Tax Act 2025 Portal

1. Section-109 as per act

  1. Subject to the provisions of this Chapter, for any tax year, if income computed under any head of income (other than "Capital gains") is a loss, such loss shall be set off against income of the assessee under any other head, including "Capital gains", if any, assessable for that tax year, subject to the following conditions:––

    1. loss under the head "Profits and gains of business or profession" shall not be set off against income chargeable under the head "Salaries"; and
    2. loss under the head "Income from house property" shall be set off to the extent of two lakh rupees against income under any other head;
  2. For any tax year, the loss under the head "Capital gains" shall not be set off against income under any other head.

2. Help and useful links for Section-109

  1. Income Tax Help Center
  2. Income Tax Act 2025 Home
  3. How to Carry Forward Capital Losses, Set Off Rules
  4. Income Tax Help Center



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Disclaimer: This article provides an overview and general guidance, not exhaustive for brevity. Please refer Income Tax Act, GST Act, Companies Act and other tax compliance acts, Rules, and Notifications for details.