Supreme Court · 1968 INSC 174 · Decided 2 August 1968

Commissioner of Income-Tax, U.P. v. Jagannath Mahadeo Prasad, ETC.

Court
Supreme Court of India
Citation
1968 INSC 174 · [1969] 1 S.C.R. 537
Case number
CIVIL APPEAL No. 1761/1967
Decided
2 August 1968
Bench
J.C. SHAH, V. RAMASWAMI, A.N. GROVER (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 24(1)

Headnote

c D E F G H Income-tax Act (11 of 1922), s. 24(1), first proviso-Scope of-Loss from speculative transactions--Set off against, profits and gains- when per­ missible. The assessee, an individual, derived income from various sources in­ cluding commission agency business and shares in assessment year 1953-54, he churned his share of the loss tfrom one oi the firms in which he was a partner, as a set off against profits from other business. The. loss was the !esult. of speculative transactions. The Department and Tribunal held agamst him. On a reference, ihe High Court held in

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