DCIT, CIRCLE- 21(1), NEW DELHI vs. RELIGARE COMTRADE LTD., NEW DELHI
The appeal of the Revenue is dismissed
ITA 5721/DEL/2017[2012-13]Status: DisposedITAT Delhi16 May 2025AY 2012-13
Bench: Smt. Annapurna Gupta & Ms Madhumita Royassessment Year: 2012-13 Dcit, Vs M/S Religare Comtrade Ltd Circle-21(1), (Formerly Known As Religare New Delhi. Bullion Ltd.), D-3, District Centre, Saket, New Delhi – 110 017. Pan: Aaecr8405P (Appellant) (Respondent) Assessee By : Shri Rohit Jain, Advocate & Ms Somya Jain, Ca Revenue By : Shri Sunil Yadav, Cit-Dr Date Of Hearing : 03.04.2025 Date Of Pronouncement : 16.05.2025 Order Per Annapurna Gupta, Am: The Present Appeal Has Been Filed By The Department Against Order Passed By The Commissioner Of Income Tax (Appeals)-36, New Delhi (Hereinafter Referred To As Cit(A)) Under Section 250 (6) Of The Income Tax Act 1961(Hereinafter Referred To As “Act”) Pertaining To Assessment Year 2012-13. 2. Grounds No.1 & 2 Raised By The Revenue Relate To The Same Issue Of Loss Incurred On Account Of Trading In Gold Derivatives Which Was Disallowed By The Ao Treating It As Speculative In Nature, In Terms Of Its Definition U/S 43(5) Of The Act, Which, However, Was Allowed By The Ld.Cit(A). The Said Grounds Read As Under:-
For Appellant: Shri Rohit Jain, Advocate &For Respondent: Shri Sunil Yadav, CIT-DR
Section 250Section 43(5)Section 43(5)(a)
section 43(5) and it applies to the case of the assessee and the transaction is held to be not speculative in nature. It is also relevant to note here that despite the order of AY 2012-13, the AO has not made the disallowance