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Mark to Market Loss Classified as Business Loss, Not Speculative, u/s 73 and Section 43(5)(d) of Income Tax Act.

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....Loss on account of Mark to Market - Speculation or non speculation loss - the gross total income mainly consists of income from house property, income from capital accounts and income from other sources for the assessee and thereby, the case of the assessee falls in the first exception carved out in Explanation to Section 73 - in terms of Section 43(5)(d) of the Act, the loss incurred on futures and options (derivative transactions) would have to be construed only as business loss - AT....