S.NATARAJAN, SABYASACHI MUKHARJEE
Commissioner Of Income Tax, U. P. – Appellant
Versus
Shah Sadio And Sons – Respondent
Judgement
SABYASACHI MUKHARJI, J.:- This is an appeal from the judgment and order of the High Court of Allahabad dated 25th February, 1971. The assessee is a partnership firm which at the relevant time enjoyed the status of a registered firm for the assessment years 1960-61, 1961-62 and 1962-63. In the assessment proceedings for the assessment year 1960-61, the assessee suffered a loss of Rs. 60,054/- in the speculation business which was to be carried forward for adjustment against speculation profits of future years. For the assessment year 1961-62 also, the assessee had suffered a loss amounting to Rs. 6,839/- in speculation business and this was also to be carried forward for adjustment against speculation profits of future years. For the assessment year 1962-63 which is the year with which this appeal is concerned, the assessee made a profit of Rs. 58,102/- from speculation business. In the assessment proceedings for that year the assessee claimed that a loss of Rs. 60,054/- suffered in respect of the assessment year 1960-61 and the loss of Rs. 6,839/- suffered in respect of the assessment year 1961-62 should be set off against this speculation profit of Rs. 58,102/- for this
relied on : T. S. Baliah v. T. S. Rangachari, ITO
Gujarat Electricity Board v. Shantilal R. Desai
Isha Vali-mohamad v. Haji Gulam Mohamad and Haji Dada Trust
approved : Commissioner of Income Tax v. B.P. (India) Ltd.
distinguished : Reliance Jute Mills Co. Ltd. v. Commissioner of Income Tax
Karimtharuvi Tea Estate Ltd. v. State of Kerala
referred to : State of Punjab v. Mohar Singh Pratap Singh
overruled : Commissioner of Income Tax v. Mangiram Gopi Chand
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