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of <h1>Tribunal Confirms Disallowance of Loss from Share Trading, Directs Recomputation</h1> <h3>M/s Orion Travels Pvt. Ltd. Versus The ACIT, Mumbai</h3> M/s Orion Travels Pvt. Ltd. Versus The ACIT, Mumbai - TMI Issues Involved:1. Disallowance of loss from sale of shares.2. Claim of various business expenses.3. Addition on account of disclosure under section 132(4).4. Charging of interest under sections 234A, 234B, 234C, and 220(2) of the Income Tax Act.Issue-wise Detailed Analysis:1. Disallowance of Loss from Sale of Shares:The primary contention was whether the loss from the sale of shares amounting to Rs. 49,06,798/- could be set off against the profit from the sale of units of UTI US-64. The assessee argued that the profit from US-64 was speculative as no delivery was taken. The AO disallowed the set-off, citing that units of UTI are not treated as shares under the Companies Act, 1964, and speculative trading in US-64 units is illegal. The CIT(A) upheld this view. The Tribunal, referencing the Supreme Court decision in Apollo Tyres Ltd. vs. CIT, concluded that units of UTI cannot be deemed as shares and thus the profit from US-64 is not speculative. Therefore, the loss from shares cannot be set off against the profit from US-64.2. Claim of Various Business Expenses:The assessee claimed deductions for expenses related to electricity, repair and maintenance, traveling, telephone, and car expenses. Due to the smallness of the amounts involved, the assessee did not press these grounds. Consequently, the Tribunal confirmed the disallowances made by the CIT(A).3. Addition on Account of Disclosure under Section 132(4):The AO added Rs. 3,90,000/- based on a disclosure made under section 132(4) during a search operation. The assessee argued that the declaration was an estimate and not based on actual undisclosed income. The Tribunal, referencing a similar case in Harsh Estates Pvt. Ltd., held that the AO should determine the total income either on the basis of estimation or the declaration made by the assessee but not both. Thus, the Tribunal directed the AO to delete the addition of Rs. 3,90,000/-.4. Charging of Interest under Sections 234A, 234B, 234C, and 220(2):The Tribunal, following its earlier decision in Harsh Estates Pvt. Ltd., directed the AO to recompute the interest liability under sections 234A, 234B, and 234C after reducing the tax liability at source. Regarding interest under section 220(2), the Tribunal relied on the Bombay High Court decision in CIT v. M/s Chika Overseas Pvt. Ltd., which held that interest under section 220(2) is chargeable only after 30 days from the service of the demand notice following a reassessment.Conclusion:The Tribunal partly allowed the appeal, confirming the disallowance of loss from share trading and various business expenses, deleting the addition under section 132(4), and directing the AO to recompute interest liabilities in accordance with the specified legal precedents.
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