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“speculation loss”

Losses & Set-offSection 73Section 73200 judgments

The decision most relied on for speculation loss is CIT v. Badridas Gauridu (P) Ltd. (261 ITR 256), cited in 114 judgments on BharatTax.

Leading authorities on speculation loss

CIT v. Badridas Gauridu (P) Ltd.
261 ITR 256 · 2003 · High Court
114
citing judgments

Losses incurred from foreign exchange forward contracts or derivatives, entered into to hedge currency fluctuations in the course of regular business like exports, are treated as business losses and not as speculative transactions under Section 43(5). Such contracts, when incidental to business and cover exchange rate risks, constitute a business activity.

CIT v. Soorajmull Nagarmull
129 ITR 169 · 1981 · High Court
55
citing judgments

Losses from foreign exchange forward contracts, when incidental to an assessee's regular business and undertaken to safeguard business interests, are treated as business losses and not speculative losses under section 43(5).

CIT v. DLF Commercial Developers Ltd.
35 Taxmann.com 280 · 2013 · High Court
51
citing judgments

Loss incurred by certain types of companies in trading derivatives is considered speculative loss under the Explanation to Section 73, as the value of stock derivatives depends on shares. Such speculative losses are ineligible for set-off or carry forward against business income.

CIT v. Concord Commercial Pvt. Ltd.
95 ITD 117 · 2005 · ITAT
34
citing judgments

The aggregate of business profits and losses from derivative transactions must be worked out before applying the Explanation to Section 73 of the Income-tax Act, 1961. This means that trading of shares and derivative transactions are not considered speculative transactions under Section 43(5) for the purposes of Sections 28 to 41.

CIT v. Auric Investment & Securities Ltd.
310 ITR 121 · 2009 · High Court
33
citing judgments

Penalty under Section 271(1)(c) is not automatically warranted merely because the Assessing Officer reclassifies a business loss as a speculative loss, especially if the assessee did not conceal income or furnish inaccurate particulars. The AO's change in treatment alone does not infer concealment.

CIT v. Darshan Securities (P) Ltd.
341 ITR 556 · 2012 · High Court
27
citing judgments

A company involved in the purchase and sale of shares is deemed to be carrying on a speculative business to the extent of such transactions, unless it falls under an exception to Section 73 of the Income Tax Act.

Quality Engineering & Software Technologies (P.) Ltd. v. DCIT
52 Taxmann.com 515 · 2014 · ITAT
26
citing judgments

A forward contract entered into to protect against foreign currency fluctuations on consideration receivable for exports is not a speculative transaction, and provisions for losses on such derivative contracts are allowable expenditures.

CIT v. D. Chetan & Co.
390 ITR 36 · 2017 · High Court
26
citing judgments

Losses on foreign exchange forward contracts are not speculative if they are entered into to cover variations in foreign exchange rates impacting import/export business. Such losses are considered business losses and not notional.

Judgments citing speculation loss

Anidhi Impex P.Ltd, Mumbai vs. DCIT 4(1), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 3998/MUM/2013[2009-10]Status: DisposedITAT Mumbai14 Aug 2023AY 2009-10

Bench: Shri Vikas Awasthy & Shri Amarjit Singhanidhi Impex Pvt. Ltd. Vs. Dy. Comm. Of It-4(1) C/O Asj & Company Llp, Room No. 638, Aaykar 201, Rajshila, 597, Jss Bhavan, Churchgate, Road, Near Marine Lines, Mumbai – 400020 Mumbai – 400 002 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaeca7748J Appellant .. Respondent [ Appellant By : Amit Porwal Respondent By : Manoj Kumar Sinha Date Of Hearing 18.05.2023 Date Of Pronouncement 14.08.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A)-8, Mumbai, Dated 21.03.2013 For A.Y. 2009- 10. The Assessee Has Raised The Following Concise Ground Of Appeal Vide Letter Dated 26.03.2019: “1. On The Facts & Circumstances Of The Case & In Law Cit (A) Erred In Confirming The Action Of A.O. Of Treating The Loss Of Rs.1,84,26,264/- Incurred On Mcx Transactions As Speculative Loss U/S 43 (5) Of The Income Tax Act. 1961. 2. The Cit (A) Erred In Not Adjudicating The Ground Relating To Disallowance Of Expenses Rs. 7,851/; & Rs.1,62,819/- Incurred On Security Transaction Tax & Other Charges Of Mcx Respectively, Considered By The A.O. As Speculative. 3. Cit (A) Erred In Not Adjudicating The Ground Relating To The Disallowance Of Expenses Of Rs. 10,00,000/- By The A.O. On Estimation & Ad Hoc Basis Stating As Related To The Mcx Transactions & Hence Speculative In Nature, Without Even Confronting The Appellant Of This Proposed Action By Issuing Show Cause.

For Appellant: Amit PorwalFor Respondent: Manoj Kumar Sinha
Section 143(2)Section 43Section 43(5)Section 73

erred in confirming the action of A.O. of treating the loss of Rs.1,84,26,264/- incurred on MCX transactions as speculative loss u/s 43 (5) of the Income Tax Act. 1961. 2. The CIT (A) erred in not adjudicating the ground relating to disallowance of expenses ... action of the A.O. invoking explanation to section 73 and considering the loss of Rs. 24,75,318/- incurred on share trading as speculative loss ignoring the fact that major Income of the appellant was from interest and other sources. The appellant craves leave to add to, alter an amend

Mamta Mehta, Mumbai vs. Income Tax Officer Ward 31(2)(3), Mumbai

In the result, appeal of assessee is allowed for statistical purpose

ITA 1534/MUM/2022[2016-17]Status: DisposedITAT Mumbai31 Jul 2023AY 2016-17

Bench: Shri Vikas Awasthy& Shri Amarjit Singh आअसं.1442 /मुं/2021 ("न.व. 2011-12) आअसं.1534 /मुं/2022 ("न.व. 2016-17) Mamta Mehta, B-3, Bldg No.3, Saibaba Enclave, Behind Citi Centre, Goregaon West Mumbai 400 062. Pan: Afxpm-6021-P ...... अपीलाथ"/Appellant बनाम Vs. Income Tax Officer, Ward 31(2)(3), Kautalya Bhavan, C-41 To C-43, G-Block, Bkc, Bandra(E) Mumbai – 400 051 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Bhupendra Shah ""तवाद" "वारा/Respondent By : Shri Prakash Choughule सुनवाई क" "त"थ/ Date Of Hearing : 14/07/2023 घोषणा क" "त"थ/ Date Of Pronouncement : 31/07/2023 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Prakash Choughule
Section 10(38)Section 44A

derivative trading exceeded the limit 4 ITA NO.1534/MUM/2022(A.Y.2016-17) prescribed u/s. 44AB of the Act. The Assessing Officer further raised query regarding claim of speculation loss of Rs.21,14,173/-. The assessee furnished a detailed reply to the said show cause notice on 20/12/2018. The said reply of the assessee ... assessee had suffered loss in Future and Option segment of equities which is a business loss u/s.43(5) of the Act and not a speculation loss as has been stated by the Assessing Officer. In any case, the assessee has not claimed carry forward of the said losses

Mamta Mehta, Mumbai vs. ITO, Mumbai

In the result, appeal of assessee is allowed for statistical purpose

ITA 1442/MUM/2021[2011-12]Status: DisposedITAT Mumbai31 Jul 2023AY 2011-12

Bench: Shri Vikas Awasthy& Shri Amarjit Singh आअसं.1442 /मुं/2021 ("न.व. 2011-12) आअसं.1534 /मुं/2022 ("न.व. 2016-17) Mamta Mehta, B-3, Bldg No.3, Saibaba Enclave, Behind Citi Centre, Goregaon West Mumbai 400 062. Pan: Afxpm-6021-P ...... अपीलाथ"/Appellant बनाम Vs. Income Tax Officer, Ward 31(2)(3), Kautalya Bhavan, C-41 To C-43, G-Block, Bkc, Bandra(E) Mumbai – 400 051 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Bhupendra Shah ""तवाद" "वारा/Respondent By : Shri Prakash Choughule सुनवाई क" "त"थ/ Date Of Hearing : 14/07/2023 घोषणा क" "त"थ/ Date Of Pronouncement : 31/07/2023 आदेश/Order Per Vikas Awasthy, Jm:

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Prakash Choughule
Section 10(38)Section 44A

derivative trading exceeded the limit 4 ITA NO.1534/MUM/2022(A.Y.2016-17) prescribed u/s. 44AB of the Act. The Assessing Officer further raised query regarding claim of speculation loss of Rs.21,14,173/-. The assessee furnished a detailed reply to the said show cause notice on 20/12/2018. The said reply of the assessee ... assessee had suffered loss in Future and Option segment of equities which is a business loss u/s.43(5) of the Act and not a speculation loss as has been stated by the Assessing Officer. In any case, the assessee has not claimed carry forward of the said losses