F. G. Investments Pvt. Ltd. v. PCIT (2022)100 ITR 17 (Cochin) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue Speculation business-Loss-Set Off-Issue decided by Tribunal in Assessment Year 2013-14-Cannot be taken up by Principal Commissioner in revision for the Assessment Year 2014-15. [S. 73]

Held that the issue of applicability of the Explanation to section 73 of the Act, would operate retrospectively from April 1, 1977 though the amendment was made with effect from April 1, 2015. Since the Tribunal in the assessee’s case for the assessment year 2013-14 had held that the principal business of the assessee was trading in shares, and that the deemed speculative loss from trading in shares was to be set off against the business income of the assessee, the same issue could not be taken up by the Principal Commissioner for the assessment year 2014-15.Referred.F. G. Investments P. Ltd. v. ITO (I. T. A. No. 36/Cochin/2018, dated September 26, 2018). (AY. 2014-15)