2012 (5) TMI 459 - AT - Income Tax

Whether CIT(A) s upholding the action of the AO in treating the sums being long term capital gains arising on exercise of rights under ESOP, as perquisites and taxed the same in the computation of income under the head salaries is correct - During the course of assessment proceedings, the Assessing Officer noticed that the assessee had received rights under Stock Option Grant from the parent company of Pfizer India Ltd., viz; Pfizer Inc, USA being the grantor of rights under Stock Option Grant - Held that Learned Representatives fairly agree that the issue is covered against the assessee in assessee s own case for the assessment years 1999-2000 to 2002-03, and so far as this Tribunal is concerned, the matter is to be decided against the assessee - Appeals are dismissed Whether CIT(A) s upholding the action of the AO in calculating Annual Ratable Values (ALV) of three house properties for the purpose of computing income from house property on estimated basis is correct - It was also submitted that since these houses were purchased lock back, values are estimated and no such certificates from Municipal authorities are available with the assessee. It was in this backdrop that the Assessing Officer, inter alia, came to the conclusion that the assessee has not been able to give/submit the municipal ratable and substantiate the basis of the computation of ALV and also current capital value - Held that assessee has furnished the certificates given by the Brihanmumbai Mahanagarpalika showing the rateable value of the flats and these certificates were enclosed to the return of income. The calculation of the assessee was based on these certificates. In the light of these certificates the Assessing Officer was not justified in redetermining the annual letting value of the flats on the basis of the Times of India property chart - Appeal is allowed Whether CIT(A) s upholding the action of the AO in disallowing expenses of Rs.1,27,786 for A.Y. 2004- 05 and Rs.2,43,375 for A.Y. 2005-06 incurred on management fees on the alleged ground that these fees are for the purpose of holding assets in Fiduciary Trust of International Account is correct - It was also stated that the copy of the mandate of account opening from FTI account shows that the bank at its discretion may change the nature and composition particularly by selling or purchasing securities, currencies and/or precious metal - Appeals are dismissed

Summary

Issues Involved:
1. Classification of income from ESOP as "perquisites" under "salaries."
2. Calculation of Annual Ratable Value (ARV) for house properties.
3. Disallowance of expenses incurred on management fees.
4. Imposition of interest under sections 234A, 234B, and 234C.

Issue-wise Detailed Analysis:

1. Classification of Income from ESOP as "Perquisites" under "Salaries":
The primary issue in Ground No.1 of both appeals was the classification of long-term capital gains arising from the exercise of rights under ESOP as "perquisites" and their taxation under "salaries." The assessee, an employee of Pfizer India Ltd., received rights under Stock Option Grant from Pfizer Inc., USA, and sold these rights, claiming the proceeds as long-term capital gains. The Assessing Officer (AO) treated these gains as "perquisites" under "salary," a stance upheld by the CIT(A). The Tribunal noted that this issue had been previously decided against the assessee in earlier assessment years (1999-2000 to 2002-03). Despite the assessee's desire to keep the matter alive for higher judicial review, the Tribunal dismissed Ground No.1 for both assessment years, adhering to the precedent.

2. Calculation of Annual Ratable Value (ARV) for House Properties:
Ground No.2 involved the computation of the Annual Ratable Value (ARV) of three house properties for "income from house property" purposes. The assessee owned six flats, with varying occupancy statuses and purchase dates. The AO estimated the ARV based on property size and location due to the absence of municipal ratable values or property tax details provided by the assessee. The CIT(A) upheld the AO's estimation, noting the lack of evidence from the assessee regarding municipal values or efforts to let out the properties. The Tribunal, referencing the decision in Abhijit Ranjan vs ACIT and other precedents, restored the matter to the AO for fresh adjudication, directing a speaking order based on municipal values and giving the assessee an opportunity to present further evidence.

3. Disallowance of Expenses Incurred on Management Fees:
Ground No.3 addressed the disallowance of expenses related to management fees for assets held in Fiduciary Trust of International Account (FTI). The AO disallowed the claimed expenses (Rs.1,27,786 for A.Y. 2004-05 and Rs.2,43,375 for A.Y. 2005-06), considering them as annual holding fees rather than expenses incurred for earning income. The CIT(A) upheld this disallowance, following the Tribunal's order for earlier years (1999-2000 to 2001-02). The Tribunal saw no reason to interfere, as the CIT(A) had adhered to the precedent, and the assessee's counsel could not demonstrate any infirmity in this action. Consequently, Ground No.3 was dismissed for both assessment years.

4. Imposition of Interest under Sections 234A, 234B, and 234C:
Ground No.4 pertained to the imposition of interest under sections 234A, 234B, and 234C. The assessee sought consequential relief for interest under sections 234A and 234C, which the Tribunal deemed admissible and directed the AO to grant. Regarding interest under section 234B, the Tribunal referenced a coordinate bench's order favoring the assessee for earlier years (1999-2000 to 2002-03) and upheld the assessee's grievance. Thus, Ground No.4 was partly allowed, granting relief for sections 234A and 234C, and upholding the assessee's position on section 234B.

Conclusion:
In summary, the Tribunal dismissed the appeal regarding the classification of ESOP income as "perquisites," restored the ARV issue to the AO for fresh adjudication, upheld the disallowance of management fees, and granted partial relief concerning the imposition of interest. Both appeals were partly allowed in these terms.