8. I noted that this issue has been decided by Co-ordinate Bench of
ITAT Kolkata in the case of Lohia Securities Ltd. vs. DCIT in ITA No.
487/Kol/2012 for AY 2008-09 dated 09.12.2015, wherein it is held that
neither trading in shares done by taking delivery, nor derivative
transactions i.e. futures and options in shares are speculative transaction
and hence loss from one can be set off from profit of others. The Tribunal
held as under: -
The ld. Authorized Representative for the assessee further submitted that the
Tribunal in assessee's own case in ITA No.6993/Mum/2013 for assessment year
2011-12 decided on 05/05/2017 and in the case of assessee's group concern
M/s.Kotak Securities Ltd. vs. DCIT in ITA No.6666/Mum/2016 assessment year 2012-
13 decided on 19/09/2018 had adjudicated the issue of disallowance under section
14A r.w.r. 8D(2). The Tribunal in both the aforesaid cases has held that the
disallowance be restricted to exempt income earned and only dividend yielding
investments be considered for computing avg. value of investments.