Commodity derivative trading losses on a recognised platform are business loss, not speculative loss, when advances become unrecoverable.
Eligible commodity derivative transactions carried out on a recognised association are outside the scope of speculative transactions under the Income-tax Act. Where trading through the NSEL platform was conducted in the ordinary course of business through authorised brokers, and similar receipts had been accepted as business income in earlier years, the irrecoverable amounts advanced for such trades were treated as business loss rather than speculative loss. The loss arose from trade advances becoming unrecoverable after suspension of operations, and the write-off principle for irrecoverable debts supported deductibility. The assessee's claim was accepted and the disallowance was deleted.
Issues: Whether the unrecovered amounts advanced for trading on the NSEL platform were to be treated as a speculative loss or as a business loss allowable under the Income-tax Act.
Analysis: The assessee had been carrying on trading through NSEL in the regular course of business, and the revenue had accepted similar receipts as business income in earlier years. The transactions were routed through authorised brokers and were found to be in the nature of commodity derivative dealings on an electronic platform. Section 43(5)(e) excludes eligible transactions in commodity derivatives carried out in a recognised association from the ambit of speculative transactions. The loss arose because the amounts advanced to the brokers became irrecoverable after the suspension of NSEL operations, and the trade advances were integral to the assessee's business activity. The legal effect of the bad-debt circular and the settled principle on write-off of irrecoverable debts also supported the assessee's claim.
Conclusion: The loss was not speculative in nature and was allowable as a business loss.
Final Conclusion: The assessee's claim was accepted and the disallowance was deleted.
Ratio Decidendi: Eligible commodity derivative transactions on a recognised association are not speculative transactions, and irrecoverable advances made in the ordinary course of such business are allowable as business loss when they become unrecoverable.
TaxTMI 
AI Drafter ✕
TaxTMI 
