Monday, June 1, 2015

S. 43(5)(d): Loss from trading in derivatives is not a speculation loss and can be set-off against normal business profits

ITO vs. Emperor International Ltd (ITAT Delhi)

Now question arises as to whether the loss suffered by the assessee on derivative was to be treated as a speculative loss or to be set off against the regular business profit. Explanation to clause (d) of Sub-section (5) to Section 43 of the Act provides that eligible transaction in respect of trading in derivatives would not be deemed to be speculative transaction. In the present case, it is an admitted fact that the assessee was engaged in the business of dealing in shares & securities and has incurred loss from dealing in derivatives (shares futures)