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The HC held that losses arising from trading in derivatives are to be classified as business losses under the proviso to section 43(5) and not as speculation losses. Consequently, the Explanation to Section 73, which pertains to speculation losses, is inapplicable. Therefore, such losses are permissible to be set off against income from business. This decision aligns with the precedent set by Asian Financial Services Ltd and resulted in a ruling against the revenue authorities.
The HC held that losses arising from trading in derivatives are to be classified as business losses under the proviso to section 43(5) and not as speculation losses. Consequently, the Explanation to Section 73, which pertains to speculation losses, is inapplicable. Therefore, such losses are permissible to be set off against income from business. This decision aligns with the precedent set by Asian Financial Services Ltd and resulted in a ruling against the revenue authorities.
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