2007 (6) TMI 540 - HC - Income Tax

Summary

Issues involved: Assessment of losses on sale of debentures and equity shares for the Assessment Year 1992-1993.

Assessment of losses on sale of debentures and equity shares:
In the case, the Assessing Officer disallowed the losses incurred by the Assessee on the sale of debentures and equity shares, deeming them as contrived losses for the relevant Assessment Year. This decision was upheld by the Commissioner of Income Tax (Appeals) in an Appeal. However, the Income Tax Appellate Tribunal reversed the decision, allowing the Assessee's claim for the losses. Subsequently, a Reference Application was filed under Section 256(1) of the Income Tax Act, 1961, raising two substantial questions of law.

Substantial Questions of Law:
The first question pertained to the admissibility of the loss claimed by the Assessee due to the sale of debentures of a company, questioning whether it was a genuine loss or a contrived one. The second question queried the Tribunal's directive to the Assessing Officer to reconsider the Assessee's claim for the loss incurred from the sale of equity shares of the same company.

Decision and Legal Principles:
The second question was deemed irrelevant as the Assessing Officer had already reassessed the income. Regarding the first question, the Assessee's counsel referenced legal precedents, including the McDowell Case and Union of India vs. Azadi Bachao Andolan, emphasizing that not every action resulting in tax reduction should be viewed as tax avoidance. The Court dismissed the application, finding no substantial question of law based on the facts and circumstances presented.

Conclusion:
The High Court of Bombay dismissed the Application concerning the assessment of losses on the sale of debentures and equity shares for the Assessment Year 1992-1993, based on the lack of substantial legal questions arising from the case.