2022 (9) TMI 1569 - AT - Income Tax

Correct head of income - income earned by the assessee on share/mutual funds transactions - volume of transaction - HELD THAT - We note that assessee has purchased the shares on delivery basis. Though the volume of transactions is high and certain borrowed funds have also been deployed but considering the judicial precedents referred above including that of Hon ble jurisdictional High Court carrying force of binding nature we have no hesitation in holding that mere volume of transactions and utilization of borrowed funds are not the criterion to alter the treatment given by the assessee about her investment in the books. Therefore along with the CBDT circulars we allow the appeal of the assessee and direct the AO to treat the income earned by the assessee on share/mutual funds transactions under the head capital gains by considering the assessee as an investor whether short-term or long-term capital gains depending upon the period of holdings of the relevant shares/mutual fund units. In the result grounds taken on this issue by the assessee are allowed and those by the revenue are dismissed. Disallowance u/s 14A - assessee submitted that it should be restricted to the extent of considering only those investments which yielded exempt income for which a detailed working is placed on record - HELD THAT - We find it proper to remit the matter back to the file of AO for the limited purpose of verification of the calculations made by the assessee reproduced and accordingly consider the disallowance u/s 14A of the Act.

Summary

Issues Involved:
1. Treatment of income from share transactions as business income or capital gains.
2. Disallowance under Section 14A read with Rule 8D.
3. Verification of short-term capital gains reported as long-term capital gains.
4. Addition of notional interest on loans/advances.

Detailed Analysis:

1. Treatment of Income from Share Transactions:
The primary issue was whether the income from share transactions should be treated as business income or capital gains. The assessee argued that the intention was to invest in shares and mutual funds for earning capital gains and dividends, not for trading. The shares were shown as investments in the balance sheet, and the income from these transactions was consistently reported as capital gains in previous years.

The Assessing Officer (AO) treated the income as business income, citing high volume and frequency of transactions, use of borrowed funds, and other criteria. The AO relied on various judicial precedents to support this view.

The CIT(A) partially agreed with the AO, treating gains from shares held for up to 90 days as business income and those held for more than 90 days as capital gains. This bifurcation was based on the holding period of the shares.

The Tribunal, however, emphasized the rule of consistency and the assessee's consistent treatment of shares as investments in previous years. It referred to various judicial precedents and CBDT Circulars which support the assessee's position. The Tribunal concluded that the income from share transactions should be treated as capital gains, not business income, and allowed the assessee's appeal on this issue.

2. Disallowance under Section 14A read with Rule 8D:
The AO made a disallowance under Section 14A, calculating it using Rule 8D, resulting in a disallowance amount of Rs. 84,20,968/-. The CIT(A) reworked this calculation, excluding short-term holdings from the investment value, and reduced the disallowance to Rs. 46,57,011/-.

The Tribunal directed the AO to verify the assessee's detailed working and restrict the disallowance to only those investments which yielded exempt income. The matter was remitted back to the AO for verification and due consideration.

3. Verification of Short-Term Capital Gains Reported as Long-Term Capital Gains:
In the case of Shri Suraj Khandelwal, the assessee inadvertently reported short-term capital gains as long-term capital gains on NIFTY BEES amounting to Rs. 43,00,000/-. The CIT(A) did not provide a finding on this issue.

The Tribunal remitted the matter back to the AO for verification and due consideration of the claim made by the assessee.

4. Addition of Notional Interest on Loans/Advances:
The AO made an addition of notional interest on loans/advances, which the assessee claimed were given out of interest-free funds. The CIT(A) confirmed this addition without considering the assessee's submissions.

The Tribunal remitted this issue back to the AO for verification and due consideration, directing the AO to provide the assessee with a reasonable opportunity to present their case.

Conclusion:
The Tribunal allowed the appeals of the assessee partly and dismissed the appeals of the revenue. The income from share transactions was to be treated as capital gains, and the disallowance under Section 14A was to be recalculated based on investments yielding exempt income. The issues regarding the reporting of short-term capital gains as long-term capital gains and the addition of notional interest were remitted back to the AO for verification and due consideration.