2006 (12) TMI 528 - AT - Income Tax

Summary

Issues involved: Appeal against order of CIT(A)-IV, Mumbai u/s 143(3) for assessment year 2001-02 regarding disallowance of loss on purchase and sale of units of mutual funds, and disallowance of interest and other expenditure.

Issue 1 - Disallowance of loss on purchase and sale of units of mutual funds:
The appeal was filed against the order confirming the disallowance of loss of &8377; 9,17,87,308 on purchase and sale of units of mutual funds. The assessee argued that the case was similar to a decision of ITAT, Mumbai Special Bench and a judgment of the Hon'ble Delhi High Court. The departmental representative cited a contrary decision by the Hon'ble High Court of Punjab and Haryana. The Tribunal noted the divergence of judicial opinion but decided in favor of the assessee based on the ITAT Special Bench decision and the judgment of the Hon'ble Delhi High Court. Consequently, the assessee's grounds of appeal were allowed, directing the assessing officer to allow the loss on sale of units of mutual funds to be set off against the other income of the assessee.

Issue 2 - Disallowance of interest and other expenditure:
Ground of appeal No.6 was against the disallowance of interest and other expenditure amounting to &8377; 1 lakh. However, during the hearing, this ground was not pressed and was consequently rejected.

Conclusion:
The appeal was partly allowed, with the disallowance of loss on sale of units of mutual funds being overturned in favor of the assessee based on the ITAT Special Bench decision and the judgment of the Hon'ble Delhi High Court. The disallowance of interest and other expenditure was rejected as the ground was not pressed during the hearing.