2011 (8) TMI 1325 - HC - Income Tax

Summary

Issues involved: Whether the loss incurred by the respondent-assessee was allowable as a business loss u/s 37 of the Income Tax Act, 1961.

Comprehensive Details:

1. Facts: The assessee was allotted naked convertible warrants by a group company, which were to be converted into equity shares at a later date. The company forfeited the amount invested by the assessee when they chose not to subscribe to the shares offered upon conversion.

2. Claim of Business Loss: The assessee claimed the loss as a business loss for the assessment year 1997-98, stating that the warrants were held as stock in trade and it was a prudent business decision not to invest further in the company.

3. Judicial Proceedings: The assessing officer disallowed the claim, which was upheld by the CIT(A). However, the ITAT allowed the appeal, considering the loss as a business loss u/s 37. The revenue challenged this decision under Section 260A of the Income Tax Act, 1961.

4. Court's Decision: The High Court had earlier dismissed the appeal, but the Supreme Court directed a reconsideration based on the financial position of the company at the time of investment. The Court found that the company was profitable, and the assessee's decision to forgo further investment was a commercial one. Therefore, the ITAT's decision to allow the loss as a business loss was upheld, and the appeal was dismissed with no order as to costs.