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ITA 1961 → ITA 2025Set off and Carry Forward

Section 70 Section 90

Set off of loss from one source against income from another source under the same head of income

RetainedHigh - Fundamental to calculating Gross Total Income.

Quick Answer

Section 70 of the Income Tax Act, 1961 (Set off of loss from one source against income from another source under the same head of income) corresponds to Section 90 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.

What changed for Section 70

Under the Income Tax Act, 1961, Section 70 governs set off of loss from one source against income from another source under the same head of income. Allows intra-head set off. E.g., loss from Business A can be set off against profit from Business B.

From 1st April 2026, the same subject sits at Section 90 of the Income-tax Act, 2025 — retained and renumbered as Section 90 of the Income-tax Act, 2025. Retained. Rules regarding Speculative Business and Specified Business losses being ring-fenced remain strictly in place.

For Section 70, the practical impact is rated High. Fundamental to calculating Gross Total Income.

Old Law (ITA 1961)Ch: VI

Sec 70

Provision Summary

Allows intra-head set off. E.g., loss from Business A can be set off against profit from Business B.

New Law (ITA 2025)Ch: X

Sec 90

Provision Summary

Retained. Rules regarding Speculative Business and Specified Business losses being ring-fenced remain strictly in place.

Key Changes & Highlights

  • Virtual Digital Assets (VDA) losses strictly prohibited from any kind of set-off, even intra-head.

Related Sections

Frequently Asked Questions

What is Section 70 of the Income Tax Act, 1961 about?

Section 70 of the Income Tax Act, 1961 covers set off of loss from one source against income from another source under the same head of income. Allows intra-head set off. E.g., loss from Business A can be set off against profit from Business B.

Which section replaces Section 70 in the Income-tax Act, 2025?

Section 70 of the Income Tax Act, 1961 maps to Section 90 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Retained. Rules regarding Speculative Business and Specified Business losses being ring-fenced remain strictly in place.

What is the impact of the change to Section 70 under the new tax code?

The transition impact for Section 70 is rated High. Fundamental to calculating Gross Total Income.

What should I watch out for when Section 70 moves to the 2025 code?

Virtual Digital Assets (VDA) losses strictly prohibited from any kind of set-off, even intra-head. These points are specific to Section 70 (Set off of loss from one source against income from another source under the same head of income).

Disclaimer: This mapping of Section 70 (Set off of loss from one source against income from another source under the same head of income) to Section 90 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 70 is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.

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