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On the facts as discussed in the above paragraph, it is abundantly clear that amongst the two, the principal or dominant business of the assessee was granting loans & advances and thereby the assessee falls outside the ambit of the Explanation to Sec. 73 of the Act. Consequent thereto, the loss of Rs. 1,48,61,635/- incurred by the assessee in the business of share dealing cannot be construed as speculation loss. We therefore have no hesitation in holding that the loss incurred by the appellant during the relevant year was assessable as business loss and which the appellant could set-off against its business income inter alia including interest income derived from the business of granting loans.

Shanti Prime Publication Pvt. Ltd.

Section 73 of the Income Tax Act, 1961 — Losses — Speculation loss — Assessing Officer could not compare funds deployed in shares held as investment as against funds deployed in business of loans and advances in order to determine question of applicability of explanation to section 73 — Income Tax Officer vs. Shankar Sales Promotion P. Ltd. [2019] 179 ITD 797 (Kolkata-trib) 

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