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Issues:
1. Interpretation of capital gain under Income-tax Act, 1961. 2. Determination of tax liability on profit from share transfer. 3. Application of Indian Trusts Act in share transactions. Analysis: 1. The case involved a dispute regarding the treatment of a surplus amount of Rs. 58,995 resulting from the transfer of 3,933 shares by the assessee to another party. The key question was whether this surplus should be considered as the assessee's capital gain within the meaning of section 2(47) of the Income-tax Act, 1961. 2. The assessee had purchased shares and subsequently transferred a portion to another party, resulting in a profit. The Income-tax Officer treated this profit as taxable turnover. The Commissioner of Income-tax (Appeals) and the Appellate Tribunal upheld this decision, considering the surplus as capital gain under section 45 read with section 2(47) of the Act. The Tribunal also rejected the argument that the shares were held in trust, emphasizing the absence of a trust deed or written agreement. 3. The assessee contended that the shares were held as a trustee under section 82 of the Indian Trusts Act, suggesting that the profit should not be considered as capital gain. However, the court found that there was no evidence of the assessee acting as a trustee for the other party in the share transaction. Without a trust deed or written agreement, the claim of holding the shares in trust was deemed unsustainable. 4. The court further analyzed the provisions of the Indian Trusts Act, specifically sections 82, 88, and 94, to determine the applicability of fiduciary duties and constructive trusts in the case. It was concluded that since the assessee gained a profit from the share transfer, the amount had to be taxed as either revenue receipt, business income under section 28 of the Act, or short-term capital gain, treating the shares as a capital asset. 5. Ultimately, the court ruled in favor of the Revenue, affirming that the profit from the share transfer constituted a short-term capital gain and was subject to taxation. The judgment highlighted the importance of clear documentation and legal evidence in establishing trust relationships in financial transactions. Additionally, a cost of Rs. 1,000 was awarded to the Revenue.
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