Dismissing the appeal of the revenue the Court held that; the assessee had entered into only two transactions i.e. first was sale of shares of CPPL received from his father as a gift who held these shares as investment and in second transaction he bought shares of HCL Technologies, which he sold and incurred loss. Accordingly the Tribunal was justified in allowing the set of off loss from one transaction against gain from second transaction. (AY.2007 -08)
PCIT v. Adar Cyrus Poonawalla (2019) 260 Taxman 41 (Bom.)(HC)
S. 45 : Capital gains- Business income- Set of off loss from one transaction against gain form second transaction is held to be allowable. [S. 28(i)]