The Delhi bench of the Income Tax Appellate Tribunal (ITAT) comprising Shri Saktijit Dey, JM & Shri Pradip Kumar Kedia, AM has held that currency derivatives can be treated as eligible transactions u/s 43(5) of the Income Tax Act.
The appellant assessee engaged in the share broking business and is also indulging in currency trading and other non-currency business in the derivative segment. The assessee claimed an amount of Rs.24,67,704/- as a loss due to trading in currency transactions through a share and stockbroker registered with SEBI; namely PEE AAR Securities Ltd. on BSE platform in the currency derivatives segment. The assessee claimed the losses arising from currency derivatives as non-speculative business and consequently claimed set-off on such losses incurred against other non-speculative business income declared by the assessee.
The Assessing Officer (AO) held that such losses arising from currency derivatives do not fall with the exceptions stipulated in Section 43(5) of the Act which defines the expression ‘Speculative transaction’ and denied the set-off.
It was observed that the proviso (d) u/s 43(5) states that any ‘eligible transaction’ in respect of trading in derivatives referred to in clause (ac) of Section 2 of Securities Contracts (Regulation) Act, 1956 that has been carried out in a recognized stock exchange shall not be treated as speculative transaction.
The Tribunal viewed that the assessee has complied with all the conditions of clause (d) and can treat currency derivative transactions as eligible transactions for the purposes of exclusion from the ambit of speculative transaction defined under Section 43(5) of the Act. The Tribunal while allowing the appeal, set aside the order of AO and directed to restore the claim of the assessee to be non-speculative in nature.
Shri Amit Goel appeared on behalf of the appellant and Shri Vijay Kataria appeared on behalf of the revenue.
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