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Issues:
- Computation of capital gain based on the cost of acquisition of the asset transferred - Valuation of assets received by shareholders in lieu of reduced share capital - Transfer of assets from company to shareholders and its tax implications Analysis: The judgment addressed the computation of capital gains for shareholders who received assets in lieu of reduced share capital. The primary issue was whether the cost of acquisition of the asset transferred should be based on the actual cost paid by the assessee or its market value on the date of acquisition. The case involved a shareholder who received assets from a company after a reduction in share capital. The company reduced the share capital by a specific amount per share, resulting in a reduction of the shareholder's holding value. The shareholder received assets with a book value lower than their market value. The Income-tax Officer computed the capital gains based on the reduced value of the shares. The Appellate Assistant Commissioner and the Tribunal upheld this method of computation. The assessees contended that the market value of the assets should be considered for computing capital gains, along with any improvements. They argued that the value of land could not be ascertained accurately at the time of the original assessment. The Tribunal held that the method adopted by the Income-tax Officer for computing capital gains was correct since no better method was available. The shareholders received assets in lieu of money due to the reduction in paid-up capital, and the book value of the assets at the time of transfer was considered for valuation. The judgment delved into the concept of transfer from the company to shareholders and its tax implications. It distinguished between cases where shareholders acquired assets from the company and subsequently transferred them to third parties. The court emphasized that if a company transfers assets to shareholders in exchange for reduced share capital, a transfer occurs, attracting capital gains tax. The shareholders were deemed to have received tangible assets in lieu of money owed to them due to the reduction in paid-up capital. The court cited precedents to support the valuation of assets at the time of transfer as the relevant value for computing capital gains. The judgment also discussed a decision from the House of Lords regarding the valuation of assets received in a reduction of paid-up share capital scenario. It highlighted that the specific resolution permitting a refund per share to shareholders determined the value of the assets received. The court rejected the application of the House of Lords' decision to the present case due to differing circumstances. Ultimately, the court found no illegality in the assessment method adopted by the authorities, including the Tribunal, and ruled in favor of the Revenue, concluding that the question posed should be answered in the affirmative against the assessees.
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