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april 1973

Supreme Court of India · 1973-04-25

RAGHUNATH PRASAD PODDAR ETC. vs COMMISSIONER OF INCOME TAX, CALCUTTA

Citation / case number
SC 1970/60228
Court
Supreme Court of India
Petitioner
RAGHUNATH PRASAD PODDAR ETC.
Respondent
COMMISSIONER OF INCOME TAX, CALCUTTA
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court addressed the issue of whether losses claimed by the appellants from transactions involving gunny bags constituted speculative losses under Explanation 2 to the proviso of Section 24(1) of the Indian Income-tax Act, 1922. The Court held that the transactions were not speculative as the assessee had engaged in actual purchases and sales of jute goods, and thus the losses should be treated as business losses. The Court upheld the findings of the Appellate Assistant Commissioner and directed the Income-tax Officer to allow the claimed losses.

RAGHUNATH PRASAD PODDAR ETC. vs COMMISSIONER OF INCOME TAX, CALCUTTA · Niyam