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.