VidhiSangh

Supreme Court of India · 30/04/2019

SNOWTEX INVESTMENT LIMITED versus PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-2, KOLKATA

[2019] 8 S.C.R. 687 · 2019 INSC 593

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

For AY 2008–2009, the assessee’s deemed speculation loss from share trading could not be set off against non-speculative futures-and-options profits. Its specific admission that share trading was its sole business, considered with the lending facts, defeated the claimed principal-business-of-lending exception. The 2014 amendment excluding companies principally trading in shares from the Section 73 deeming rule operated from 1 April 2015, not retrospectively or as a clarification.

Issues

  1. Whether lending rather than share trading was the assessee’s principal business for the relevant assessment year.
  2. Whether the 2014 amendment to the Section 73 Explanation applied retrospectively.
  3. Whether share-trading losses could be set off against futures-and-options profits.

Provisions considered

Held

Result

Appeal dismissed without costs; High Court denial of the claimed set-off upheld. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 687.