2010 (6) TMI 548 - HC - Income Tax

Addition - STCG or LTCG - According to the appellant, the abovementioned amount represents the long term capital gain of the appellant accrued on account of the sale of shares held by him in the Federal Bank Limited - An appeal to this Court is maintainable if only this Court is satisfied that the case involves a substantial question of law. The questions extracted above, by no stretch of imagination can be categorised as substantial question of law - Appeal is dismissed

Summary

Issues: Appeal under section 260A of the Income-tax Act, 1961 challenging an order of the Income-tax Appellate Tribunal regarding the assessment of short term capital gains arising from the sale of shares.

Analysis:
1. Assessment Discrepancy: The appellant declared an income of Rs. 6,86,025 for the assessment year 2004-05, while the assessing authority determined the total income as Rs. 23,12,100, with Rs. 13,99,528 classified as short term capital gains. The dispute primarily revolves around this assessment variance.

2. Nature of Capital Gains: The appellant claimed that the amount in question represented long term capital gains from the sale of shares in the Federal Bank Limited. The appellant, along with family members, collectively held 5750 shares, attributing specific quantities to each individual. However, the assessing authority disagreed with this characterization, leading to the appeal.

3. Substantial Question of Law: The appeal was made to the High Court under section 260A of the Income-tax Act, which necessitates the presence of a substantial question of law for consideration. The appellant framed specific questions challenging the assessment of capital gains as short term gains, seeking a reevaluation of the factual aspects of the case.

4. Judicial Disposition: The High Court, comprising J. Chelameswar and P.N. Ravindran, emphasized that the questions raised did not amount to substantial questions of law but pertained more to factual inquiries. Consequently, the Court dismissed the appeal at the admission stage, highlighting the lack of legal issues warranting further review. The decision underscores the distinction between questions of law and questions of fact in appellate proceedings, ultimately upholding the Tribunal's order.

This comprehensive analysis encapsulates the core issues addressed in the judgment, focusing on the assessment dispute, the characterization of capital gains, the legal criteria for appeals, and the judicial rationale behind dismissing the appeal.