2011 (9) TMI 732 - HC - Income Tax

Capital loss on the sale of the foreign cars - Cars purchased from sister concern and leased out to the lessees were subsequently sold to the lessees - Revenue do not deny the genuineness of lease - Held That - when the sale of the cars itself flow from the terms of the lease agreement and the terms of the agreement thus not questioned by the Revenue, the mere fact that the cars were sold at a price so low and that the lessees could subsequently sell the car for a higher price would not defeat the claim of the assessee for capital loss. Appeal Dismissed.

Summary

Issues:
1. Assessment year 1993-1994: Claim of capital loss on the sale of foreign cars.
2. Assessment year 1994-1995: Entitlement to loss claimed on the sale of foreign cars and adjustment against long term capital gains.

Assessment Year 1993-1994:
The primary issue raised was whether the Appellate Tribunal was correct in allowing the assessee to claim capital loss on the sale of foreign cars. The Assessing Officer contended that the assessee created an artificial loss without a valid basis, reducing taxable income under Long Term Capital Gains. The officer also highlighted that the cars were sold at artificially reduced prices to claim depreciation indirectly. The Commissioner of Income Tax (Appeals) found the transactions genuine and ordinary course of business, allowing the claim based on the lease rentals and consideration provided by the assessee.

Assessment Year 1994-1995:
For this year, the Income Tax Tribunal had to determine if the assessee was entitled to the loss claimed on the sale of foreign cars and if it could be adjusted against long term capital gains. The Tribunal rejected the Revenue's appeal, agreeing with the Commissioner of Income Tax (Appeals) that the transactions were genuine and not colorable. It was noted that the Department failed to prove any fraudulent intent in the transactions. The Tribunal confirmed the view of the Commissioner of Income Tax (Appeals) for this year as well, leading to the dismissal of the Revenue's appeal before the Court.

Key Findings:
The Court observed that the transactions involved the sale of cars leased to lessees, with no denial of the lease's genuineness. The Revenue did not challenge the terms of the lease agreement, and the Tribunal found no evidence to question the transactions' legitimacy. Despite the Revenue's claim of colorable transactions, no substantial proof was presented to support this assertion. The Court emphasized that the low sale prices or subsequent resale by lessees did not invalidate the assessee's claim for capital loss. The Court dismissed the Revenue's appeals, upholding the Tribunal's decision based on the genuine nature of the transactions and the lack of evidence supporting the Revenue's allegations of fraud.

In conclusion, the Court affirmed the decisions of the lower authorities, highlighting the absence of material to question the genuineness of the transactions. The Court found no basis to accept the Revenue's claims of colorable transactions, ultimately dismissing the Tax Case appeals without costs.