Losses in Speculation Business

     The existing provisions of section 73 of the Act provide that losses incurred in respect of a speculation business cannot be set off or carried forward and set off except against the profits of any other speculation business. Explanation to section 73 provides that in case of a company deriving its income mainly under the head “Profits and gains of business or profession” (other than a company whose principal business is business of banking or granting of loans and advances), and where any part of its business consists of purchase or sale of shares, such business shall be deemed to be speculation business for the purpose of this section. Sub-section (5) of section 43 defines the term speculative transaction as a transaction in which a contract for purchase or sale of any commodity, including stocks and shares, is settled otherwise than by way of actual delivery. However, the proviso to the said section exempts, inter alia, transaction in respect of trading in derivatives on a recognised stock exchange from its ambit.

     It is proposed to amend the aforesaid Explanation so as to provide that the provision of the Explanation shall also not be applicable to a company the principal business of which is the business of trading in shares.

     This amendment will take effect from 1st April, 2015 and will, accordingly, apply in relation to assessment year 2015-16 and subsequent assessment years.

[Clause 26]

Speculation business exclusion: principal-share-trading companies exempted from deemed speculative status, altering set-off rules going forward. The amendment excludes companies whose principal business is trading in shares from being treated as engaged in speculation business under the Explanation that limits set-off and carry forward of speculation losses, thereby exempting such companies from the rule that speculation losses may only be set off against profits of other speculation business and applying prospectively from the stated operative date to subsequent assessment years.