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Supreme Court of India · 2019-04-30

M/S SNOWTEX INVESTMENT LIMITED vs PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL -2, KOLKATA

Citation / case number
SC 2017/10785
Court
Supreme Court of India
Petitioner
M/S SNOWTEX INVESTMENT LIMITED
Respondent
PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL -2, KOLKATA
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 43(5) and Section 73 of the Income Tax Act, 1961, in the context of speculative losses and business income. The Court held that losses from share trading could not be set off against profits from futures and options trading, as the latter does not constitute speculative business under the Act. The judgment of the High Court was upheld, affirming that the character of the activities was distinct and that the provisions of Section 43(5)(d) applied, thereby clarifying the treatment of such transactions for tax purposes.

M/S SNOWTEX INVESTMENT LIMITED vs PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL -2, KOLKATA · Niyam