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2011 (12) TMI 384 - AT - Income TaxCapital gain - rate of tax - rate of tax on capital gains from sale of depreciable assets - The assessee has relied on the decision of Ace Builders (P) Limited v/s ACIT (2005 -TMI - 9448 - BOMBAY High Court ) and considered capital gains in respect of depreciable assets computed under section 50 as Long term capital gains instead of Short terms capital gains - the learned Counsel relied on the wordings in section 54EC and submitted that the legislature used the words where the capital gains arises from the transfer of a long term capital assets and submitted that similar wordings has been used in section 74 as well as in section 112 - Held that that the excess in question shall be deemed to be the capital gains arising from the transfer of a short term capital asset. Both the section 54EC and section 74 do not speak about short term capital gain or long term capital gain - Decided against the assessee. Regarding exemption under section 54EC - The assessee has invested an amount of Rs.2, 13, 30, 000 in capital gain bonds issued by NABARD which is eligible for exemption under section 54EC - A.O. negated this contention and held that provisions of Section 54EC cannot be applied to actual long term capital gains deemed to be short term capital gains under the deeming provision of Section 50 and therefore denied the exemption under Section 54EC and assessed the entire gain of Rs 62, 25.38 as short term capital gains - held that - Respectfully following decision of the Jurisdictional High Court in in the case of Ace Builders (2005 -TMI - 9448 - BOMBAY High Court) I delete the addition of deemed short term capital gains of Rs.62, 25, 381 made in the assessment order and allow the appellant to appropriate like amount out of its investments of Rs 2, 13, 30, 000 in NABARD bonds and allow the balance investment of Rs 1, 51.04, 619 against other long term capital gains during this year. - Appeal is allowed Regarding applicability of concessional rate under section 112 to LTCG deemed STCG under provisions of Section 50 - in principle the assessee should be entitled to exemption under section 54EC on gains earned on transfer of long term capital assets though they are depreciable assets - Appeal is allowed by way of remand to AO for de novo decision
Issues Involved:
1. Valuation of closing stock under Section 145A of the Income Tax Act, 1961. 2. Disallowance under Section 14A of the Income Tax Act, 1961. 3. Disallowance under Section 40A(9) of the Income Tax Act, 1961. 4. Taxability of capital gains under Section 50 of the Income Tax Act, 1961. 5. Claim of deduction under Section 80HHC of the Income Tax Act, 1961. 6. Allowability of interest on borrowed funds for acquiring capital assets. 7. Computation of book profits under Section 115JB of the Income Tax Act, 1961. 8. Applicability of interest under Section 234D of the Income Tax Act, 1961. 9. Taxability of interest income and deduction under Section 57(iii) of the Income Tax Act, 1961. 10. Deduction of prior period expenses. 11. Computation of relief under Section 80HHC with respect to sales tax set-off and other incomes. Detailed Analysis: 1. Valuation of Closing Stock under Section 145A: The issue was raised for multiple assessment years. The assessee did not press this ground, and it was dismissed as "not pressed". 2. Disallowance under Section 14A: The assessee argued that it had sufficient surplus funds for investments, and the disallowance of interest was unjustified. The Tribunal restored the issue to the Assessing Officer for fresh adjudication in line with the judgment in CIT v/s Reliance Utilities and Powers Ltd., allowing the ground for statistical purposes. 3. Disallowance under Section 40A(9): The assessee did not press this ground due to the smallness of the amount involved, and it was dismissed as "not pressed". 4. Taxability of Capital Gains under Section 50: The assessee contended that the capital gains from long-term depreciable assets should be taxed as long-term capital gains. However, the Tribunal upheld the view that gains computed under Section 50 should be taxed as short-term capital gains, dismissing the assessee's ground. 5. Claim of Deduction under Section 80HHC: The Tribunal noted that the issue was covered against the assessee but allowed for reconsideration by the Assessing Officer if the computation of income resulted in a positive figure, allowing the ground for statistical purposes. 6. Allowability of Interest on Borrowed Funds: The Tribunal dismissed the Revenue's ground, following its earlier decisions in the assessee's own case for previous years, allowing the assessee's claim for interest on borrowed funds for acquiring capital assets. 7. Computation of Book Profits under Section 115JB: The Tribunal allowed the Revenue's ground due to retrospective amendment to clause (i) of Explanation-1 to Section 115JB, deciding the issue in favor of the Revenue. 8. Applicability of Interest under Section 234D: The Tribunal followed the jurisdictional High Court's judgment in CIT v/s Bajaj Hindustan Ltd., holding that interest under Section 234D cannot be charged for refunds granted prior to 1st June 2003, allowing the assessee's ground. 9. Taxability of Interest Income and Deduction under Section 57(iii): The assessee did not press this ground, and it was dismissed. 10. Deduction of Prior Period Expenses: The Tribunal upheld the Commissioner (Appeals)'s decision to allow the deduction, noting that the facts were on record and the Commissioner (Appeals) had the power to entertain the claim. 11. Computation of Relief under Section 80HHC: The Tribunal restored the issue regarding the sale of scrap and cash discount on purchases to the Assessing Officer for fresh adjudication. It dismissed the ground relating to gross interest income, following the jurisdictional High Court's judgment in CIT v/s Asian Star Co. Ltd. Conclusion: The Tribunal's judgment addressed multiple issues across different assessment years, providing detailed reasoning for each decision while adhering to legal precedents and statutory provisions. The appeals were partly allowed, with several issues remanded for fresh adjudication by the Assessing Officer.
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