1993 (10) TMI 24 - HC - Income Tax

High Court allows set off of loss against non-speculative profit under Income-tax Act

The High Court ruled in favor of the assessee, allowing the set off of the loss against the profit from non-speculative business. The court held that the ... Purchase And Sale Issues:1. Whether the loss of Rs. 36,192 was from speculative business due to a single transactionRs.2. Whether the assessee is entitled to set off the loss against non-speculative business profitRs.Analysis:The case involved the assessment year 1975-76 where the assessee, Messrs. Panachand Khemchand, claimed a loss of Rs. 36,192 due to a canceled transaction involving the purchase and sale of oil. The Income-tax Officer considered the payment made as compensation for the canceled contract as speculative, disallowing the loss. The Commissioner of Income-tax and the Tribunal, however, held that the loss was not speculative as per Explanation 2 to section 28, considering it a solitary transaction.The High Court analyzed the facts and concluded that the canceled transaction did not qualify as a speculative transaction under section 43(5) of the Income-tax Act. Referring to the Supreme Court's decision in CIT v. Shantilal P. Ltd., the court emphasized that the payment of damages for breach of contract does not necessarily constitute a speculative transaction. The court held that the payment of Rs. 36,192 was made to settle the dispute arising from the canceled transaction, not for speculative purposes.Therefore, the court ruled in favor of the assessee, allowing the set off of the loss against the profit from non-speculative business. The court answered question No. 2 in the affirmative, granting relief to the assessee. As the first question was rendered unnecessary by the findings on the second question, it remained unanswered. The reference was disposed of with no costs awarded.