Assessee had been dealing in trading on NSEL platform and treated receipts as income from business which had been accepted by revenue in earlier years. In current year, assessee purchased through two Commodities brokers-NSEL failed to fulfill its commitments and ultimately Government had prohibited NSEL to make any transactions after 1-7-2013-Owing to suspension of operations by NSEL, assessee could not recover amounts from both brokers which was given as a part of business transaction for purchase of commodities in conduct of regular business operations. Assessing Officer disallowed losses as claimed by assessee on ground that transactions carried out by assessee were speculative transactions settled without delivery in terms of section 43(5). Tribunal held that since assessee was in business of commodity derivatives and revenue had also accepted income from transactions of assessee as business income and not as income from speculation for all earlier years, the loss is allowable as business loss (AY. 2015-16)
Chowdry Associates v. ACIT (2020) 184 ITD 222 (Delhi)(Trib.)
S. 28(i) : Business loss-Commodity derivatives-Suspension of operations by NSEL-Amounts due from brokers-Allowable as business loss. [S. 43(5)(e)]