2017 (6) TMI 1335 - HC - Income Tax

Admit substantial question of law - income exempt under section 10 considered for purposes of computing the 85% application of income - whether Tribunal was right in holding that the shares of TCS received in the year 2001 02 were held in breach of section 13(1)(d) ? - whether Tribunal was right in holding that the sale proceeds arising from the sale of bonus shares of TCS were required to be converted into asset/investment permissible under Section 11(5) and hence, clause (iia) of the proviso to section 13(1)(d) would not apply ?

Summary

Issues involved:
1. Consideration of exempt income for computing application of income.
2. Holding of shares in breach of section 13(1)(d) of the Act.
3. Conversion of sale proceeds into permissible investment under Section 11(5) and applicability of proviso to section 13(1)(d).

Analysis:

Issue 1: Consideration of exempt income for computing application of income
The High Court considered whether the Tribunal was correct in including income exempt under section 10 for computing the 85% application of income. The Court highlighted the significance of this issue as it was not specifically raised before the Tribunal. The Court admitted the appeal, indicating the need for a detailed examination of this aspect.

Issue 2: Holding of shares in breach of section 13(1)(d) of the Act
The Court examined whether the Tribunal's decision regarding the shares of TCS received in the year 2001-02 being held in breach of section 13(1)(d) of the Act was appropriate based on the facts and relevant law. This issue required a thorough analysis of the circumstances surrounding the holding of shares to determine compliance with the statutory provisions.

Issue 3: Conversion of sale proceeds into permissible investment under Section 11(5) and proviso to section 13(1)(d)
The Court delved into whether the Tribunal correctly held that the sale proceeds from the bonus shares of TCS needed to be converted into assets/investments permissible under Section 11(5). Additionally, the Court analyzed the applicability of clause (iia) of the proviso to section 13(1)(d) in this context. This issue involved a detailed exploration of the legal provisions and factual scenario to ascertain the proper treatment of the sale proceeds.

Overall, the judgment involved a meticulous examination of various legal and factual aspects related to the computation of income, holding of shares, and conversion of sale proceeds in compliance with the relevant provisions of the Act. The Court's decision to admit the appeal signified the importance of addressing the substantial questions of law raised by the parties for a comprehensive resolution of the issues at hand.