Section 113
Section 113: set off and carry forward of speculation-business losses
Section 113 ring-fences losses from a speculation business: they can only be set off against profits of another speculation business, not against other business profits or other heads of income. It also sets a shorter, four-year carry-forward window, and deems certain share-dealing companies to be carrying on a speculation business.
This explanation is AI-assisted and pending review by our CA/CS team. It is general information, not professional advice - always cross-check against the bare law text above or talk to our tax team for guidance specific to your situation.
Set off only against speculation profits
Any loss computed in respect of a speculation business carried on by the assessee can be set off only against profits and gains of another speculation business.
Carry forward of unabsorbed speculation loss
Where the loss cannot be wholly set off in the same tax year, the balance is carried forward to the following tax year and set off against speculation-business profits of that year, and so on if any amount still remains unabsorbed.
No speculation-business loss can be carried forward under this section for more than four tax years immediately succeeding the tax year for which the loss was first computed.
Interaction with unabsorbed allowances
Where any allowance (or part of it) under Section 33(11) or Section 45(7) relating to the speculation business is to be carried forward, effect is first given to the provisions of this section.
Companies deemed to carry on a speculation business
Where any part of the business of an assessee that is a company consists of the purchase and sale of shares of other companies, that company is deemed to be carrying on a speculation business to the extent its business consists of such share dealing.
This deeming rule does not apply to a company whose gross total income consists mainly of income chargeable under the heads "Income from house property", "Capital gains" or "Income from other sources", or whose principal business is trading in shares, banking, or the granting of loans and advances.
Frequently asked questions
Can a speculation-business loss be set off against normal business profit?
No - Section 113 restricts a speculation-business loss to being set off only against profits of another speculation business.
How long can a speculation loss be carried forward?
For a maximum of four tax years immediately succeeding the tax year in which it was first computed - shorter than the eight-year window for ordinary business losses under Section 112.
Is every company dealing in shares treated as running a speculation business?
Not automatically. The deeming rule is excluded for a company whose gross total income mainly comprises house property, capital gains or other-sources income, or whose principal business is share trading, banking, or granting loans and advances.
Related sections
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Get help classifying and carrying forward speculation lossesLast updated 9 September 2026