TMI Blog2012 (10) TMI 1240X X X X Extracts X X X X X X X X Extracts X X X X ..... r of ld. CIT(A), Ghaziabad dated 04.06.2012 for the assessment year 2006-07 on the following ground : 1. The Ld. CIT(Appeals) has erred in law in treating the entire loss of ₹ 13,13,142/- as loss from derivative transactions to which section 43(5)(d) is applicable ignoring the fact that the loss was also due to trading in shares. 2. The AO on examination of trading and profit loss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, hence, they are recognized Stock Exchange. Therefore, speculative provisions are not applicable in their case. It was claimed that the case of the assessee is covered by proviso to section 43(5) of the IT Act. The AO, however, did not accept the explanation of the assessee and set off of speculation loss of ₹ 13,13,142/- against profit of food grain business was not allowed. The addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Securities Contracts (Regulation) Act,, carried out in a recognized Stock Exchange, shall not be deemed to be a speculative transaction. It was explained that since the assessee transacted the transaction through recognized Stock Exchange and no adverse inference is drawn, therefore, the order of the AO is unjustified. The assessee relied upon the order of ITAT, Mumbai Bench in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnot be treated as speculative transaction. Therefore, the loss from future and option transaction is adjustablefrom the profit from food grain business. The appeal of the assessee was accordingly allowed. 3. The ld. DR relied upon the order of the AO. On the other hand, the ld. Counsel for the assessee reiterated the submissions made before the authorities below and submitted that in the groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proviso to section 43(5) of the IT Act and cannot be treated as speculative transaction. The decisions cited by the assessee before the ld. CIT(A) fully support the case of the assessee. In the absence of any adverse material, available on recordagainst the assessee, we do not find any justification to interfere with the order of ld. CIT(A) in allowing the appeal of the assessee. As a result, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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