2013 (1) TMI 821 - HC - Income Tax

Summary

Issues involved: Appeal by Revenue against order of CIT(A) regarding treatment of income as Short Term Capital Gains instead of business income for AY 2005-06.

Summary:
1. The Revenue appealed against the CIT(A)'s order treating income as Short Term Capital Gains instead of business income.
2. The Assessing Officer initially treated the income from sale of investments as business income, but the CIT(A) allowed the appeal based on evidence provided by the assessee.
3. The Revenue contended that the assessee was engaged in trading of shares and securities, not mere investment.
4. The CIT(A) considered the duration of holding of shares by the assessee and concluded that the income should be treated as capital gains, not business income.
5. The High Court upheld the CIT(A)'s decision based on the nature of transactions and holding period of shares.
6. The High Court observed that the assessee had separate portfolios for trading and investment, and the intention was for short-term investment.
7. The High Court dismissed the Revenue's appeal, affirming the treatment of income as Short Term Capital Gains.

Cross Objections:
1. The assessee raised objections regarding disallowance under section 14A of the Act on an estimated basis.
2. The CIT(A) confirmed the disallowance, considering the judgment of the High Court and ITAT, leading to the dismissal of the objections.
3. The Assessing Officer made an addition for interest income on fixed deposits, which was confirmed by the CIT(A) based on a High Court judgment.
4. The High Court upheld the addition related to interest income, leading to the dismissal of the cross objections.

Conclusion:
1. The High Court dismissed the Revenue's appeal and the assessee's cross objections, maintaining the treatment of income as Short Term Capital Gains and confirming the additions made by the Assessing Officer.