2013 (4) TMI 549

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....ferred to as the Act) and under Section 142 (1) of the Act, initiating proceedings for re-assessment against the petitioner. Writ-Tax No. 1554 of 2005 is related to the Assessment Year 1998-1999, Writ-Tax No. 1555 of 2005 is related to the Assessment Year 2000-2001 and Writ-Tax No. 1556 of 2005 is related to the Assessment Year 1999-2000. In these writ petitions common questions of law and fact are involved between the same parties as such the writ petitions are consolidated and heard together and are being decided by a common judgment. In this judgment fact relating to the Writ-Tax No. 1554 of 2005 are being noticed. 3. M/S Usha Politex Ltd. (the petitioner) is a Public Limited Company, registered under the Companies Act, 1956. The peti....

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.... not liable to be adjusted towards profits of business of the company. The petitioner in his return has illegally adjusted this amount. Accordingly income to the tune of Rs. 8,13,025/- was escaped assessment. The petitioner has challenged the notices on the ground that Explanation to Section 73 of the Act is not applicable to the petitioner and there was no reason for exercise of powers Section 147 of the Act as such notices for reassessment are null and void. 4. We have considered the respective arguments of the counsel for the parties and perused the record. Only controversy arises in these writ petition is as to whether the petitioner is entitled to set off the losses of the business in share trading activities under Section 73 of the....

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.... Explanation.--Where any part of the business of a company other than a company whose gross total income consists mainly of income which is chargeable under the heads "Interest on securities", "Income from house property", "Capital gains" and "Income from other sources", or a company the principal business of which is the business of banking or the granting of loans and advances consists in the purchase and sale of shares of other companies, such company shall, for the purposes of this section, be deemed to be carrying on a speculation business to the extent to which the business consists of the purchase and sale of such shares." 5. Section 73 provides for set off the loss of speculation business against the profits and gains of anoth....