2008 (10) TMI 8 - HC - Income Tax

Sale and transfer of shares tribunal hold that the transfer of shares could not be booked as a business loss as this was not necessitated by any business necessity but were the exigencies of the group companies - tribunal hold that transactions in respect of the shares on the basis of which business loss was caused were genuine as they were at market value - order of tribunal require no interference - no allegation of furnishing inaccurate particulars of income - penalty not imposable

Summary

Issues:
Assessment of business loss as genuine or book loss; Imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961; Discrepancy in conclusions by the Tribunal in quantum proceedings and penalty proceedings.

Analysis:
In the assessment year 1986-87, the Assessing Officer allowed the conversion of shares from investment to stock-in-trade. However, in the subsequent assessment year 1987-88, the respondent-company reported a business loss. The Assessing Officer, CIT(A), and Tribunal concluded that the loss was not a business loss but merely a book loss, as it was not necessitated by business requirements but was part of a group strategy. The Tribunal emphasized that the shares were not held as stock-in-trade but as investments, leading to the disallowance of the loss as a business loss.

The Tribunal's order in the penalty proceedings highlighted that the transactions resulting in the loss were genuine, conducted at market value with actual transfer of shares and money exchanged. The Tribunal ruled that Explanation 1 to Section 271(1)(c) of the Income Tax Act was not applicable in this case, as the assessee provided a bona fide explanation supported by all relevant transaction details. The Tribunal's detailed analysis concluded that since the assessee's explanation was not false, and all material facts were disclosed, the penalty under Section 271(1)(c) was unwarranted.

The appellant/Department argued that a substantial question of law arose due to conflicting conclusions by the Tribunal in the quantum and penalty proceedings. However, the High Court dismissed this argument, stating that the conclusions were not contradictory. The High Court concurred with the Tribunal's findings that the loss was not a result of inaccurate particulars of income, and since Explanation 1 to Section 271(1)(c) was not attracted, the penalty could not be imposed. Therefore, the High Court upheld the Tribunal's decision to cancel the penalty, as no legal issue was found to arise in the appeal.