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2018 (10) TMI 1102 - ITAT DELHIDenying the claim of set off of loss of share business allegedly in view of Explanation to section – 73 - Held that:- Following decision of the co-ordinate bench in assessee’s own case for AY 2008-09 [2017 (2) TMI 723 - ITAT DELHI] which is squarely applicable to the issue in controversy, loss suffered by assessee on derivative transaction is not speculative loss and as such eligible to be adjusted against business income and Explanation 73 of the Income Tax Act is not attracted. So the addition made by AO and affirmed by Ld. CIT(A) is ordered to be deleted. Consequently present appeal is allowed in favour of assessee.
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