2007 (7) TMI 37 - SC - Income Tax

Business income Assessee contended that the transactions regarding purchase and sale of unit of mutual fund is continuous activity and profit derived from it treated as business profit Matter remanded for reconsideration whether it is business profit or an adventure in nature of trade

Summary

Issues Involved:
1. Determination of whether the transaction in question was a business transaction and if the income derived was from "profits and gains from business."

Analysis:
The appellants invested a sum of Rs. one crore in purchasing units of a mutual fund, with Rs. 5 lakhs being their own investment and the rest borrowed. Subsequently, they declared a loss after selling the units following a dividend declaration. The main issue was whether this transaction constituted a business transaction and if the income should be considered as "profits and gains from business." The assessing authority considered this question, leading to contentions before the Tribunal and High Court regarding the genuineness of the transaction and the claimed loss by the assessee.

The appellants argued that there was a clear intention to earn a profit, citing a previous court decision and the acceptance of similar transactions in subsequent years as business income. They contended that the Tribunal and High Court erred in not considering these aspects. The records showed that the appellants consistently made such investments and derived profit in subsequent years, which was accepted as business income. However, the Tribunal's judgment did not take this crucial fact into account, leading to a potential error in the decision-making process.

Referring to a previous court judgment, the Supreme Court emphasized the importance of considering whether the transaction was "profit and gains from business" or "adventure in the nature of trade." The Court found that the interests of justice would be best served by setting aside the judgments of the High Court and Tribunal and remitting the matter back to the Tribunal for a fresh consideration, specifically focusing on this aspect. The parties were given the opportunity to raise any other contentions before the Tribunal. Ultimately, the appeals were allowed with the mentioned observations, and no costs were awarded in the case.