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Issues Involved:
The judgment involves the following Issues: 1. Whether the sum paid for cancelling contracts for the purchase of cotton constitutes a speculation loss? 2. Whether the contracts entered into for the purchase of cotton and subsequent settlement without actual delivery constitute a speculation business? Issue 1: Sum Paid for Cancelling Contracts The assessee cancelled contracts for the purchase of cotton due to a change in manufacturing plans, resulting in a payment of Rs. 40,687 as damages. The Income-tax Officer disallowed the claim as speculation loss, but the Commissioner and Tribunal considered the contracts as hedging contracts, not speculative transactions. The contracts were entered into for securing cotton supplies, essential for yarn manufacture, not for speculative trading. The cancellation aimed to minimize loss, not for profit. The contracts fell outside the definition of speculative transactions under section 43(5) of the Act. Issue 2: Nature of Business Activity The Revenue argued that the contracts should be deemed speculative transactions under section 43(5) and Explanation 2 to section 28. However, the contracts were part of the ordinary course of the textile mill's business, entered into in good faith to secure raw materials. The cancellation was necessitated by a change in manufacturing requirements, not for speculative purposes. The judgment cited precedents emphasizing the importance of considering the overall character of transactions to determine their nature. The court held in favor of the assessee, ruling that the contracts did not constitute a speculative business under the Act. The questions referred were answered affirmatively in favor of the assessee, entitling them to costs of Rs. 1,000.
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