Allowing the appeal of the assessee the Court held that , the memorandum of association of the assessee authorised it to deal in shares and services. Further, it stated that as authorised, the assessee had purchased mutual funds units during the financial year 2000-01 and sold the units during the same year. The trading in such units was done in the ordinary course of its business and the loss was revenue in nature. The assessee consistently followed the same method showing the transactions as trading business. accordingly, the claim of the assessee with regard to loss that arose from trading in shares was to be allowed as a business loss as claimed by the assessee. (AY. 2001-02)
Calibre Financial Services Ltd. v. ITO (2018) 409 ITR 410/ ( 2019) 260 Taxman 201 (Mad.)(HC)
S. 28(i) : Business loss- Capital or revenue-Investment in shares as Stock-in-trade-Consistency method-Loss is allowable as business loss. [S. 45]