2013 (10) TMI 321 - HC - Income Tax

Classification of head of income Income on sale of scrip to be taxed under head Business Income or Income under the head Capital gains Held that - Assessee had held three scrips for period of 1380 days which were then sold for a gain of ₹ 61.11 lacs. Other lone transaction during the year under consideration was sale of one scrip valued at ₹ 672/- - Merely this scrip was held only for one day would not be sufficient to hold that the assessee was in the business of trading in shares Decided against the Revenue.

Summary

Issues:
Controversy over whether income earned from sale of shares should be treated as long term capital gain or business income.

Detailed Analysis:
The judgment revolves around the issue of categorizing the income earned from the sale of shares by the assessee as either long term capital gain or business income. The Revenue contended that the assessee was engaged in the business of buying and selling shares, thus the income should be treated as business income. However, the Tribunal ruled in favor of the assessee, stating that the gains from the sale of three specific scripts held for 1380 days should be considered as long term capital gain. The Tribunal highlighted that the intention behind the transactions, as evidenced by the pattern of purchase and sale of the scripts and the duration of holding, indicated that the assessee was investing rather than trading. The Tribunal emphasized that the sale of one additional script held for only one day was not sufficient to establish that the assessee was in the business of trading in shares.

Upon examining the documents and arguments presented, the Tribunal found that the assessee had sold only three scripts during the assessment year, which were held for a significant period, along with one additional solitary transaction. The Tribunal concluded that based on the specific facts and circumstances of the case, the income derived from these transactions should indeed be treated as long term capital gain and short term capital gain, rather than business income. The Tribunal's decision was based on the limited number of transactions conducted by the assessee during the year, with a focus on the duration of holding the shares and the nature of the transactions.

Ultimately, the High Court upheld the Tribunal's decision and dismissed the Tax Appeal. The Court concurred with the Tribunal's analysis, stating that based on the peculiar facts of the case, there was no legal question that arose for consideration. The Court reiterated that the assessee's activities did not amount to engaging in the business of trading in shares, emphasizing the limited number of transactions and the extended holding period of the shares sold. Therefore, the income earned from the sale of shares was rightfully categorized as long term capital gain and short term capital gain, as determined by the Tribunal.