2016 (11) TMI 1589

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..... l under Section 260A of the Income Tax Act, 1961 (the Act), challenges the order dated 10th June, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 30th June, 2015, is in respect of Assessment Year 2008-09. 2. The Revenue urged the following question of law for our consideration: "Whether on the facts and in the circumstance of the case and in law, the Tri .....

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..... tions had taken place. This, as all the parties with whom the Respondent had dealt with had been produced before the Assessing Officer and confirmed the transactions. None of them denied the fact of physical delivery. Besides, the Respondent had also produced delivery note for each transaction, showing receipts and delivery of the traded gold. Moreover, the CIT(A) also found on facts that the Resp .....

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..... ullion was not a speculative loss but a business loss. Thus, the above finding of fact led to allowing the loss on account of trading in bullion, being set off as a business loss from the profits made on account of consultancy in mining. This concurrent findings of fact by the CIT(A) and the Tribunal, has not shown to be perverse in any manner. 7. In the above view, question as proposed does not .....

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