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Issues Involved: Determination of whether a loss from share transactions should be classified as speculation loss or business loss for an individual assessee for the assessment year 1981-82.
Summary: The High Court of GAUHATI addressed the issue of classification of a loss resulting from share transactions for an individual assessee for the assessment year 1981-82. The original return showed a short-term capital loss, while the revised return classified it as a business loss. The assessing authority deemed the loss as speculative under section 43(5) of the Income-tax Act, 1961, and disallowed it as a business loss. Both the Appellate Assistant Commissioner of Income-tax and the Appellate Tribunal upheld this decision, leading to the reference to the High Court. The Court examined the definition of "speculative transaction" under section 43(5) of the Act, emphasizing the conditions that must be met for a transaction to be considered speculative. The Court analyzed the particulars of the share transactions in question, noting the lack of evidence regarding actual delivery or transfer of shares. Despite the absence of concrete proof of delivery, the Court concluded that the transactions were settled without actual delivery, falling under the definition of speculative transactions as per the Act. The Court highlighted the importance of providing evidence of actual delivery to support the classification of transactions, emphasizing the statutory requirement for such verification. Due to the failure to produce materials demonstrating actual delivery, the Court affirmed that the transactions were speculative in nature. Consequently, the Court ruled in favor of the Revenue, classifying the loss from share transactions as speculation loss rather than a business loss. The judgment was transmitted to the Appellate Tribunal without any cost implications.
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