Assessee was engaged in commodity trading business on NSEL platform. It had entered into several contracts for buying and selling of commodities on NSEL platform. On account of scam broke out at NSEL, trading activity on NSEL platform was suspended. Thus the, assessee written off certain amount against unrealised sum as bad debt. AO disallowed the claim on ground that transactions undertaken by assessee were in nature of derivative transactions and loss arising therefrom was in nature of speculative loss which could not be set off against normal business income.   Tribunal held that on perusal of sample contract notes available with assessee, it was seen that there was purchase of certain commodity and simultaneous sale of same quantity of commodity so purchased at same time and date of purchase. However, beside contract notes, there was nothing on record to suggest that transaction undertaken by assessee were delivery based transaction. Before allowing claim under section 36(1)(vii), it was to be determined that transaction undertaken by assessee was delivery based transaction and not a speculative transaction and since, in instant case, aforesaid issue was not clear, matter was to be remanded back to file of Assessing Officer to examine matter afresh. (AY. 2014-15)