2015 (2) TMI 949 - HC - Income Tax

Gain arising out of share transaction - short term and long term capital gains or business income - Held that - The issue of taxability of gain arising out of share transaction as short term and long term capital gains and not as business income, is covered in favour of the assessee as relying on assessee's own case for AY 2005-2006 2015 (2) TMI 934 - ITAT AHMEDABAD wherein held that the profits on share transaction were assessable as long term and short term capital gain and not as business income. - Decided against revenue.

Summary

Issues:
1. Treatment of income as short-term capital gain and long-term capital gain instead of business income.

Analysis:
In the present appeal, the Revenue raised a question regarding the treatment of income as short-term capital gain and long-term capital gain instead of business income. The Assessing Officer initially treated the income as business income, but the Commissioner (Appeals) ruled in favor of the Assessee, considering the income as short-term and long-term capital gains. The Tribunal, citing a previous decision, upheld this treatment, leading to the dismissal of the Revenue's appeal. The Tribunal's decision was based on the precedent set in the Assessee's earlier case for the assessment year 2005-06, where it was held that profits from share transactions should be assessed as capital gains and not as business income. The High Court, considering the similar nature of the issue in a previous case for the assessment year 2006-07, found no substantial question of law to be raised, as the treatment of income was consistent with previous decisions. The Court emphasized that the primary activity of the Assessee was salaried income, with shares being purchased and sold additionally, supporting the classification of gains as capital gains. Therefore, the Court dismissed the appeal, as the issue was already covered by previous decisions.

The Court highlighted that the facts in the present case were akin to those in previous cases, with the only difference being the assessment year and the amounts of short-term and long-term capital gains. Given the consistent approach in treating such gains as capital gains, the Court found no new substantial question of law to be raised. The Court reiterated that the issue had been addressed in earlier decisions and that there was no justification for interfering with the Tribunal's order. Consequently, the appeal was deemed meritless and dismissed. The Court's decision was based on the principle that when a particular issue has been settled in previous judgments and the facts remain consistent, there is no basis for challenging the established treatment of income.