In Brief
A non-banking financial company sought to set off losses from share trading against profits from trading in derivatives and futures. The central issue was whether the company's principal business was granting loans and advances (which would exempt it from speculation loss rules) or share trading. The Supreme Court held that the company's own admission that share trading was its sole business during the relevant year was determinative. Moreover, the Court ruled that profits from derivatives trading do not constitute speculative business income under the law applicable in 2008-09, so losses from shares could not be offset against them. The Court also rejected arguments for retrospective application of a 2015 amendment, holding Parliament had deliberately delayed this amendment by nine years.
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