2011 (1) TMI 1471 - AT - Income Tax

Summary

Issues involved:
Assessment under section 143(3) of the Income Tax Act, 1961 for the assessment year 2005-06.

Details of the Judgment:

1. The assessee disputed the rejection of claim for exemption under section 47(v) regarding the sale of shares of L&T as an adventure in the nature of trade, treating the profit as business income instead of capital gain. The CIT(A) upheld this decision. The assessee argued that the sale was a strategic investment and fell within CBDT guidelines. The Appellate Tribunal noted the interrelation of the grounds of appeal and considered them together.

2. The Assessing Officer rejected the claim of long-term capital gain on the sale of L&T shares, stating that the transaction was a business income due to various factors. The CIT(A) agreed with this assessment, considering the investment made, the holding period, and the intention behind the purchase. The Tribunal analyzed the legal position and factual matrix of the case.

3. The Tribunal found that the shares were not freely transferable and were not part of the stock in trade as treated by the authorities. The use of borrowed funds to acquire shares was not indicative of a trading transaction, especially considering the relationship between the borrower and lender. The Tribunal disagreed with the CIT(A)'s conclusion that the transaction was a business activity.

4. The Tribunal examined precedents and legal interpretations to determine that the gains on the sale of shares should be treated as capital gains, not business income. It highlighted the distinction between investments and trading activities, emphasizing that even if shares were acquired for controlling interests, they could still be considered capital assets. The Tribunal directed the Assessing Officer to grant the exemption under section 47(v) accordingly.

5. The appeal was allowed, and the order of the CIT(A) was disapproved. The Tribunal directed the Assessing Officer to provide the relief as per the judgment. The decision was pronounced on January 19, 2011.