2016 (7) TMI 1566 - AT - Income Tax

Addition on account of set off of loss claimed in transactions of shares F O - HELD THAT - In view of the submissions of the learned DR wherein he has agreed that the loss from shares and futures was covered by section 43(5)(d) of the Act and was not speculation loss and hence, an allowable deduction against the business income, we find no good reason to interfere with the order of the learned CIT(A) which is confirmed. Therefore, the ground of appeal of the revenue is dismissed.

Summary

Issues:
- Whether the deletion of addition made by the Assessing Officer on account of set off of loss claimed in transactions of shares F&O of ?96,50,334/- was justified.

Analysis:
1. The appeal was preferred by the revenue against the order of the learned CIT(A) regarding the deletion of the addition of ?96,50,334/- made by the Assessing Officer on account of set off of loss claimed in transactions of shares F&O.

2. The Assessing Officer disallowed the claimed loss as speculation loss, stating that the transactions did not involve actual delivery of scripts and were not eligible under section 43(5) of the Act. The assessee argued that the loss was supported by contract notes and fulfilled the conditions of eligible transactions.

3. The CIT(A) directed the Assessing Officer to verify the contract notes and submit a report. The remand report confirmed that the contract notes were produced during assessment proceedings. The CIT(A) analyzed the provisions of section 43(5) and concluded that the transactions were eligible under clause (d) and not speculation transactions.

4. The Revenue contended confusion regarding the set off of the loss against business income, but agreed that the loss was covered by section 43(5)(d) and allowable against business income. The Tribunal upheld the CIT(A)'s order, dismissing the revenue's appeal.

5. The cross objection challenging the initiation of proceedings u/s 148 was dismissed as the main issue was decided in favor of the assessee. Both the appeal of the revenue and cross objection of the assessee were ultimately dismissed, confirming the CIT(A)'s decision.