https://www.taxtmi.com/caselaws?id=783881 Section 70(2) permits intra-head set-off of short-term capital loss without prescribing any mandatory sequencing between STCG taxable at normal rates and STCG subject to concessional rates; in the absence of an express statutory bar, the assessee's chosen order of set-off cannot be displaced merely because it lowers tax, so the AO/DRP's forced set-off against concessional-rate STCG was rejected and the assessee's computation was directed to be accepted. Dividend on ADR/GDR held by a non-resident is governed by sections 115AC and 196D and had already suffered TDS; taxing it again and denying credit due to Form 26AS/rule 37BA mismatches would cause impermissible double taxation and violate sections 199 and 205, so the addition and denial of TDS credit were deleted. en-us Fri, 21 Nov 2025 00:00:00 +0530 Wed, 24 Dec 2025 07:51:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=783881 Section 70(2) permits intra-head set-off of short-term capital loss without prescribing any mandatory sequencing between STCG taxable at normal rates and STCG subject to concessional rates; in the absence of an express statutory bar, the assessee's chosen order of set-off cannot be displaced merely because it lowers tax, so the AO/DRP's forced set-off against concessional-rate STCG was rejected and the assessee's computation was directed to be accepted. Dividend on ADR/GDR held by a non-resident is governed by sections 115AC and 196D and had already suffered TDS; taxing it again and denying credit due to Form 26AS/rule 37BA mismatches would cause impermissible double taxation and violate sections 199 and 205, so the addition and denial of TDS credit were deleted. Case-Laws Income Tax Fri, 21 Nov 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=783881