Kundan Rice Mills Ltd. v. ACIT (2020) 83 ITR 466 / 185 ITD 765 (Delhi)(Trib.)

S. 28(i) : Business loss-Derivative contracts-Futures and options-Interim report of SEBI-Loss in trading from stock option-Loss allowable as business loss.

Assessee transacted in various derivative contracts, including futures and options. It claimed certain loss in trading from stock option. Assessing Officer relying upon interim order of SEBI that assessee was part of entities which had entered into non-genuine, fraudulent trades to generate fictious profits/losses, disallowed loss claimed by assessee. Tribunal held that SEBI vacated interim order and allowed assessee and other entities to trade as usual observing that issue would require detailed verification from Income Tax Department-. Accordingly  since there were no material available with authorities below so as to conclude that assessee had entered into any dubious or other transactions deliberately to show business loss, it was imperative on part of authorities below to examine issue on merit and to decide whether assessee had suffered genuine business losses out of transactions/trades in question-Held, yes-Whether since authorities below did not examine issue on merits and merely relying upon ad-interim order of SEBI concluded issue against assessee, impugned order was to be set aside and addition was to be deleted. (AY. 2015-16)