1991 (9) TMI 8 - HC - Income Tax

Summary

Issues Involved:
1. Interpretation of sections 71, 72, and 73 of the Income-tax Act, 1961 regarding set off of speculation profit against business loss.
2. Correctness of the order directing adjustment of speculation profit against speculation loss of earlier years.

Judgment Summary:

Issue 1:
The assessee, an investment company, earned speculation profit during the year. The Assessing Officer initially set off this profit against the business loss of the current year and then against speculation loss carried forward from previous years, resulting in nil income for the assessment year. The Commissioner of Income-tax (Appeals) directed that brought forward speculation business losses should only be set off against speculation business profits for subsequent years as per section 73(2) of the Act. The Tribunal upheld this decision, stating that speculative profit cannot be set off against other income, in accordance with section 73. The Tribunal's decision was maintained by the High Court, emphasizing the segregation of speculation losses and profits as per the Act.

Issue 2:
On appeal, the Departmental Representative argued that the Commissioner's direction was not in line with sections 71, 72, and 73. The Counsel for the assessee referred to relevant sections and urged that speculation business losses should be treated separately and set off only against speculation profits. The Tribunal, considering both parties' submissions, upheld the Commissioner's decision, stating that speculation profit cannot be set off against other income. The High Court, citing a circular and relevant sections, affirmed the Tribunal's decision, emphasizing the distinct treatment of speculation business losses and profits.

The High Court concluded that speculation losses cannot be set off against any income under different heads but only against profits of another speculation business, as per the Act and the circular. The Court held that speculation business should be treated separately, and any speculation profit after set off of earlier losses can be used to adjust losses from other businesses. The judgment favored the assessee, answering the reference questions in the affirmative.