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Issues involved: Assessment of speculation loss u/s 43(5) of the Income Tax Act, 1961 for the assessment year 1969-70.
Summary: The case involved an assessee, a registered firm dealing in edible oils, who faced cancellation of contracts with a customer due to inability to fulfill outstanding orders, resulting in a settlement of Rs. 25,000 as damages. The Income Tax Officer (ITO) and the Appellate Authority Commission (AAC) considered this as a speculative loss due to lack of physical delivery. However, the Tribunal accepted the assessee's contention that the payment was for breach of contract and not speculative loss. The Tribunal emphasized that the settlement was due to the assessee's inability to perform the contracts, leading to negotiations and eventual payment of damages. The Tribunal's decision was based on the interpretation of s. 43(5) of the Income Tax Act, defining speculative transactions as those settled without actual delivery. The Tribunal highlighted that the settlement in this case was a result of breach of contract by the assessee, leading to payment of damages, which was not covered under speculation business. Citing judgments from the Calcutta High Court, the Tribunal concluded that the payment of Rs. 25,000 was an ordinary commercial loss and not speculative loss. The Tribunal's decision was further supported by analyzing various judgments from different High Courts and the Supreme Court, emphasizing that the settlement without delivery does not automatically classify a transaction as speculative. The Tribunal differentiated between settlement due to breach of contract and settlement without breach, asserting that the former does not fall under speculation business as per s. 43(5) of the Act. In conclusion, the Tribunal held that the settlement in this case was due to breach of contract by the assessee, supported by evidence of market conditions and financial constraints, making it a settlement of damages and not a speculative transaction. The Tribunal ruled in favor of the assessee, rejecting the Department's claim of speculation loss and leaving the parties to bear their own costs.
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