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Issues Involved: The judgment addresses whether the sale of shares by a partnership firm to its partners constitutes a commercial transaction and if the claimed loss is allowable as a business loss.
Issue 1 - Sale of Shares as Commercial Transaction: The Income-tax Appellate Tribunal found that the transaction of selling shares by the partnership firm to its partners was a commercial transaction. The Tribunal based its conclusion on the fact that the assessee is a dealer in shares, has shown the shares as stock-in-trade, and this fact was undisputed by the Revenue. The Tribunal also noted that the Revenue acknowledged that they would have taxed the assessee if the transaction had resulted in profit. Therefore, the Tribunal's finding that the transaction was commercial was upheld by the High Court. Issue 2 - Allowability of Loss as Business Loss: Regarding the claim of loss as a business loss, the Tribunal allowed the loss claimed by the assessee. The shares were acquired at a higher rate and sold to partners at a lower rate, resulting in a loss of Rs. 60,000. The Income-tax Officer and the Appellate Assistant Commissioner disallowed the claim, arguing that partners and the partnership firm should be treated as the same entity. However, the Tribunal held that a partnership firm is a distinct legal entity for tax purposes. The High Court cited a previous judgment emphasizing that transactions between a firm and its partners are common in commercial life and do not negate the possibility of trade or profit. The High Court ruled in favor of the assessee, allowing the claimed loss as a business loss. In conclusion, the High Court answered both questions in favor of the assessee and against the Revenue, affirming that the transaction was commercial and the loss was allowable as a business loss.
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