Hedging Loss is Buisness Loss , not Speculation Loss!



Can a loss from hedging of commodities be set off against normal profit of a related commodity merchant? 

Yes, there is express provision under the IT Act ,by which loss from hedging of commodities are allowed to be taken not as Speculation Loss and thus on characterized as Business Loss, is allowed to be adjusted with Business Income.

Speculation is defined u/s 43(5) of the IT Act . Clause (a) of subsection 5 of section 43 is given as under :

" (5) speculative transaction means a transaction in which a contract for the purchase or sale of any commodity, including  stocks and shares, is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity or scrips:

Provided that for the purposes of this clause

(a) a contract in respect of raw materials or merchandise entered into by a person in the course of his manufacturing or merchanting business to guard against loss through future price fluctuations in respect of his contracts for actual delivery of goods manufactured by him or merchandise sold by him; or.....................
...............................................................
shall not be deemed to be a speculative transaction;"

As is clear from the aforesaid provision, if a contract in commodity is entered for hedging the loss in commodity, same shall not fall under the definition of Speculation meaning thereby same will be Business Loss.



Comments


Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
ARTICLESHIP 10 July 2026
Article Assistant

N S Gokhale & Co

Thane

CA Inter

View Details
Company
ARTICLESHIP 07 July 2026
Articleship

Jawahar and Associates Chartered Accountants

Hyderabad

CA Inter

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details