1 ita1533-10 Dmt IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1533 OF 2010 Goldlife Financial Services Pvt. Ltd., Mumbai. ..Appellant. Vs. Income-Tax Officer 3(2)(1). Mumbai. ..Respondent. Mr. Nishant Thakkar i/by Mint & Confrers for the Appellant. Mr. Vimal Gupta for Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 19TH APRIL, 2011. P.C. 1. The following two questions are raised by the Appellant in this appeal. A. Whether on the facts and in law was right in holding that the transactions of trading in futures and options could be regarded as speculative transactions for the purposes of section 43(5) of the Income-tax Act, 1961? 2 ita1533-10 B. Whether on the facts and in law not allowing to set-off the loss from transactions of trading in futures and options ignoring the provisions of Explanation of section 73 of the Income-tax Act, 1961? 2. As regards the first question, learned counsel for the parties state that the said question is covered against the assessee by the decision of this Court in the case CIT vs. Bharat R. Raut, Tax Appeal No. 1539 of 2010 decided on 18th April, 2010. Accordingly, the first question raised by the Appellant cannot be entertained. As regards the second question is concerned, learned counsel for the parties state that in light of the decision of this Court in the case of Commissioner of Income Tax vs. Lokmat Newspapers (P) Ltd., reported in (2010) 322 ITR 43, the question may be remitted back to the ITAT for decision of the same in the light of the said decision. Accordingly, the second question is remitted back to the ITAT for de novo consideration. 3. The Appeal is disposed of accordingly. No order as to costs. ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.)