2008 (2) TMI 322 - HC - Income Tax

Search - Purchase of equity shares of M/s. Angoora Wool Combers Pvt. Ltd. @ Rs.8/- as against the market value of Rs.149.36 - addition made by the A.O. as income from other sources while taking the value of the purchased shares @ Rs.149.36 per share - once the value of the shares of M/s. Angoora Wool Combers Pvt. Ltd. was held to be @ Rs.8/- per share in the connected case, addition made by AO in instant case were rightly deleted by CIT

Summary

Issues involved:
1. Whether the Income Tax Appellate Tribunal was right in upholding the order of the Commissioner of Income Tax (Appeals) deleting the addition of Rs.91,884 made by the Assessing Officer on account of unexplained investment in the purchase of shares.
2. Whether the value of shares of M/s. Angoora Wool Combers Pvt. Ltd. was correctly determined for taxation purposes.

Detailed Analysis:
Issue 1:
The case involved a substantial question of law referred by the Income Tax Appellate Tribunal (ITAT) at the instance of the revenue. The question pertained to the deletion of an addition of Rs.91,884 made by the Assessing Officer in the case of the assessee for the Assessment Year 1981-82. The Commissioner of Income Tax (Appeals) allowed the appeal and deleted the addition, citing a similar case involving Shri Dharam Paul of Nagesh Hosiery Mills, Ludhiana, where the addition was also deleted under similar circumstances. The ITAT upheld the order in Shri Dharam Paul's case, making the addition in the present case unjustifiable according to the Commissioner of Income Tax (Appeals).

Issue 2:
The value of the shares of M/s. Angoora Wool Combers Pvt. Ltd. was a crucial aspect of the case. The Assessing Officer valued the shares at Rs.149.36 per share, leading to the addition of Rs.91,884 in the hands of the assessee. However, in a connected case involving Shri Dharam Paul, the value of the shares was determined to be Rs.8 per share, and the addition based on the higher value was deleted. The ITAT upheld this decision, which became final. Consequently, in the present case, the High Court found that the substantial question of law raised by the revenue did not arise from the ITAT's order, as the value of the shares had already been established at Rs.8 per share in the connected case.

In conclusion, the High Court disposed of the reference, ruling against the revenue and in favor of the assessee based on the precedent set in the connected case. The judgment emphasized the importance of consistency in determining the value of shares for taxation purposes and highlighted the significance of prior decisions in similar cases in guiding the resolution of legal disputes.