ACIT v. Surya International (P.) Ltd. (2018) 406 ITR 274 / 258 Taxman 172(All) (HC)

S. 43(5) : Speculative transaction –Hedging-High sea sales –Not speculative-Allowable as business loss [ S.28(i)]

The assessee entered into contracts for purchase of raw materials, mainly crude oil, which was the raw material for refined oil on “high seas sale” basis and many times, looking to the market trend, the assessee had to cancel such contracts for sale of raw materials (crude oil). In the present assessment year it had resulted in a loss which the assessee claimed as a business loss. The Assessing Officer and the Commissioner (Appeals) rejected the claim of the assessee in its entirety, but the Tribunal recorded findings with respect of 32 transactions in favour of the assessee. On appeal  dismissing the appeal of the revenue the Court held that  the Tribunal was correct in allowing the claim of the assessee in respect of 32 transactions. (AY. 2009-10)