1989 (1) TMI 31 - HC - Income Tax

Summary

Issues Involved:
1. Computation of assessable capital gains.
2. Deduction under section 80T(b) of the Income-tax Act, 1961.
3. Set-off of long-term capital losses against long-term capital gains.
4. Interpretation of relevant case law.

Issue-wise Detailed Analysis:

1. Computation of Assessable Capital Gains:
The primary issue in this judgment revolves around the correct computation of assessable capital gains. The assessee, a registered firm, had sold shares in several companies during the assessment year 1973-74, resulting in a gross long-term capital gain of Rs. 5,61,598 from some shares and a long-term capital loss of Rs. 96,583 from others. The assessee computed the assessable capital gains by first deducting Rs. 5,000 under section 80T(b) and 50% of the remaining amount, followed by the deduction of the capital loss, arriving at a net gain of Rs. 1,81,671. However, the Income-tax Officer (ITO) recomputed the gains by first setting off the capital loss against the gross capital gains, then deducting Rs. 5,000 under section 80T(b), and finally applying the 50% deduction, resulting in assessable capital gains of Rs. 2,29,963.

2. Deduction under Section 80T(b) of the Income-tax Act, 1961:
The Tribunal upheld the assessee's method of computation, which allowed the deduction of Rs. 5,000 under section 80T(b) from the gross capital gains, followed by a 50% deduction on the balance before setting off the capital loss. However, the High Court disagreed with this approach, stating that the scheme of the Act envisages the set-off of long-term capital losses against long-term capital gains before any deductions under section 80T(b) are applied. This interpretation aligns with the provisions of section 70(2)(ii) of the Act.

3. Set-off of Long-term Capital Losses Against Long-term Capital Gains:
The court emphasized that the correct method of computation involves setting off long-term capital losses against long-term capital gains as per section 70(2)(ii) of the Act. The assessee's approach of deducting the capital loss after the deductions under section 80T(b) was found to be inconsistent with the provisions of the Act. The court referred to the case of CIT v. Sigappi Achi [1983] 140 ITR 448 (Mad), which clarified that the relief under section 80T is exigible on the net income chargeable under the head "Long-term capital gains" after setting off long-term capital losses.

4. Interpretation of Relevant Case Law:
The court also considered the relevance of CIT v. Canara Workshops P. Ltd. [1986] 161 ITR 320 (SC), which dealt with section 80E of the Act and the computation of profits for priority industries. The court found that this decision did not apply to the present case, as it pertained to a different provision and context. The court reiterated that the correct interpretation of section 80T and section 70(2)(ii) requires the set-off of long-term capital losses before applying deductions under section 80T.

In conclusion, the High Court held that the Tribunal erred in its computation of assessable capital gains and that the correct method involves setting off long-term capital losses against long-term capital gains before applying deductions under section 80T(b). The court answered the reference question in the negative and in favor of the Revenue, with the final assessable capital gains computed at Rs. 2,29,963. The Revenue was also awarded costs of Rs. 500.