9911796707
|
Home
Issues: Appeal under section 260A of the Income-tax Act - Substantial question of law for admission of appeal - Nature of income derived from investment in shares/debentures - Appeal against Tribunal's finding of business income.
Analysis: 1. The judgment pertains to an appeal filed by the Revenue (Commissioner of Income-tax) under section 260A of the Income-tax Act, 1961 against an order passed by the Income-tax Appellate Tribunal. The main issue for consideration was whether the appeal raised any substantial question of law as required for admission under section 260A. 2. The Assessing Officer initially treated the income derived from investment in shares/debentures as income from other sources, but the Commissioner of Income-tax (Appeals) and the Tribunal categorized it as business income. The Commissioner of Income-tax filed an appeal challenging the Tribunal's finding under section 260A of the Act. 3. The High Court concurred with the factual finding of the Tribunal, noting that the assessee was a company engaged in the business of investing in shares/securities/debentures, as evident from the company's objectives. The Court held that any income derived from the sale/purchase of shares, whether quoted or unquoted, should be considered business income rather than income from other sources for computation purposes. 4. Consequently, the Court found the appeal to lack substance and dismissed it in limine, upholding the decision of the taxing authorities. The judgment emphasized that the Tribunal's finding was in line with the company's objectives, and thus, the income from shares was correctly categorized as business income. This detailed analysis covers the issues raised in the judgment, providing a comprehensive overview of the legal reasoning and decision rendered by the High Court in the matter.
|
