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january 1992

Supreme Court of India · 1992-01-15

M/S.SK.AR.K.AR.SOMASUNDARAM CHETTIAR&CO. vs COMMISSIONER OF INCOME TAX, MADRAS.

Citation / case number
SC 1976/60431
Court
Supreme Court of India
Petitioner
M/S.SK.AR.K.AR.SOMASUNDARAM CHETTIAR&CO.
Respondent
COMMISSIONER OF INCOME TAX, MADRAS.
Bench
JEEVAN REDDY, B.P. (J)

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 24, third proviso, clause (a) of the Income Tax Act, 1922, concerning speculative transactions. The Court held that while the first part of clause (a) refers to contracts in respect of merchandise, the latter part requires that such contracts must be for actual delivery of goods sold by the merchant to qualify as hedging contracts. The Court dismissed the appeals, affirming the High Court's ruling that the transactions in question were not saved under clause (a) and constituted speculative transactions, thus not eligible for set-off against non-speculative profits.

M/S.SK.AR.K.AR.SOMASUNDARAM CHETTIAR&CO. vs COMMISSIONER OF INCOME TAX, MADRAS. · Niyam