2012 (3) TMI 578 - AT - Income Tax

Summary

Issues involved: Appeal against order accepting conversion of shares to investment from stock in trade and deletion of disallowance of charges for professional and technical services.

Conversion of shares to investment:
The assessee, a member of the Bombay Stock Exchange, converted stock in trade to investment, supported by a resolution passed by the Board of Directors. The Assessing Officer (AO) contended that the conversion was a tax-saving tactic, denying the benefit. However, the CIT(A) accepted the conversion, noting the company's consistent approach and separate portfolios for trading and investment. The Tribunal upheld the CIT(A)'s decision, emphasizing the legality of the conversion and the company's compliance with tax obligations.

Disallowance of charges for professional and technical services:
The AO disallowed charges for VSAT, leaseline, and transaction services, citing non-deduction of TDS under section 40(ia). The CIT(A) overturned this decision, stating that the charges did not qualify as fees for technical services. The Tribunal upheld this finding, dismissing the AO's view and highlighting the non-applicability of section 40(ia) from the relevant date. The appeal by the revenue was partly allowed, with the Tribunal affirming the conversion of shares to investment but dismissing the disallowance of charges for professional and technical services.

This judgment clarifies the legality of converting shares to investment, the treatment of charges for professional services, and the applicability of tax deduction provisions in such cases.