Assessee claimed loss under S. 43(5) on hedging of soya in commodity exchange. Dismissing the appeal of the assessee the Tribunal held that the assessee was regularly entering into transactions of purchases/sale and commodity derivatives with NCDEX . No specific details shown by the assessee to demonstrate that to guard against loss through price fluctuation which might arise from contracts for delivery of goods. Accordingly the loss from alleged contracts did not fall under proviso (a) of section 43(5) of the Act. [S. 43(5)] (AY.2011012)
Premier Industries (India) Ltd. v. JCIT (2019) 174 ITD 415 (Indore)(Trib.)
S. 73 : Losses in speculation business – Business of manufacturing and trading of soya premier nutrition and dairy products- Hedging of forward trading – No specific details shown by the assessee to demonstrate that to guard against loss through price fluctuation which might arise from contracts for delivery of goods- loss from alleged contracts did not fall under proviso (a) of section 43(5) of the Act. [ S.43(5)]