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    <title>2005 (5) TMI 254 - ITAT BOMBAY-J</title>
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    <description>Share-loss treatment depended on the real character of the transactions: the assessee&#039;s frequent, high-volume share dealings and short holding periods showed trading activity, so the loss was not capital loss under section 74. The Explanation to section 73 applied because the assessee failed to prove that its principal business was granting loans and advances; NBFC registration, objects clause, and accounting labels were insufficient, so the share loss was deemed speculative. Claims for higher depreciation on leased trucks and for provident fund and ESIC contributions under section 43B were remanded for verification, with relief available if the factual conditions were satisfied.</description>
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      <title>2005 (5) TMI 254 - ITAT BOMBAY-J</title>
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      <description>Share-loss treatment depended on the real character of the transactions: the assessee&#039;s frequent, high-volume share dealings and short holding periods showed trading activity, so the loss was not capital loss under section 74. The Explanation to section 73 applied because the assessee failed to prove that its principal business was granting loans and advances; NBFC registration, objects clause, and accounting labels were insufficient, so the share loss was deemed speculative. Claims for higher depreciation on leased trucks and for provident fund and ESIC contributions under section 43B were remanded for verification, with relief available if the factual conditions were satisfied.</description>
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