Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
The High Court held that once the provisions of Section 43(5) were amended to treat trade in derivatives carried out on a recognized stock exchange as a non-speculative transaction, the loss from such derivative transactions would be treated as a business loss for the purposes of Section 72, allowing for its set-off against profits and gains from business. The Court ruled that Section 73, which deals with losses from speculation business, was not applicable in this case since the derivative transactions were not speculative in nature. Consequently, the disallowance of the set-off by the Assessing Officer was deemed illegal, and the Tribunal's order in favor of the assessee was upheld.
The High Court held that once the provisions of Section 43(5) were amended to treat trade in derivatives carried out on a recognized stock exchange as a non-speculative transaction, the loss from such derivative transactions would be treated as a business loss for the purposes of Section 72, allowing for its set-off against profits and gains from business. The Court ruled that Section 73, which deals with losses from speculation business, was not applicable in this case since the derivative transactions were not speculative in nature. Consequently, the disallowance of the set-off by the Assessing Officer was deemed illegal, and the Tribunal's order in favor of the assessee was upheld.
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