Moser Baer India Ltd. v. DCIT (2018) 170 ITD 522 (Delhi) (Trib.)

S. 73 : Losses in speculation business – Trading of shares was not primary activity-Solitary transaction of sale of shares could not have been treated as speculative business .

Allowing the appeal of the assessee the Tribunal held that ; trading of shares was not primary activity of assessee, accordingly the  solitary transaction of sale of shares by assessee could not be held to be part of carrying on business of trading in shares , hence, said sale transaction could not have been treated as speculative business of assessee under Explanation to S. 73.( AY. 2003 -04)