The Assessing Officer held that derivative trading in commodities was a kind of speculation in the commodity trading business and loss suffered in derivatives commodity trading could be set off only against speculative income and not against other business income which was confirmed by Commissioner (Appeals). On appeal, the Tribunal held that trading in commodity derivatives was carried out by the assessee on recognised associations and loss shown in confirmations of the broker matched with loss shown in the profit and loss account and thus transactions entered into by the assessee were eligible transactions. Accordingly, the addition made by Assessing Officer, as confirmed by Commissioner (Appeals) was deleted. Loss arising from derivatives can be set off against the profit of the medical derivatives business of assessee. (AY. 2015-16)
Ramesh Verma v. ACIT (2022) 195 ITD 545 (Lucknow)(Trib.)
S. 43(5) : Speculative transaction-Trading in commodity derivatives-Chargeable to commodities transaction tax-Recognised associations-Cannot be assessed as deemed speculative transactions-loss arising from derivatives can be set off against profit of medical derivatives business of assessee. [S. 70, 73]