2017 (3) TMI 1243 - HC - Income Tax

Income arising on the sale of shares - capital income or business receipt - Held that - Tribunal has also recorded a finding that A.A. did not state anything in assessment orders as to on what basis it held that shares held by Assessee are stock in trade though throughout the same were shown in respective balance sheets as investment. Before us also it has not been explained by learned counsel for appellant as to how and on what basis aforesaid shares held and sold by Assessee could be treated as stock in trade and otherwise concurrent finding has been recorded by CIT (A) and Tribunal is not shown incorrect. However record shows that Assessee admitted that from A.Y. 1994-95 it has started business of shares dealings and speculation in shares. The stock of shares held by him why should not become stock in trade income and same thereof be treated as business income we find no consideration by Tribunal on this aspect. The matter require reconsideration in light of the aforesaid fact by Tribunal and question no. 1 would depend on aforesaid finding recorded by Tribunal. Disallowance of interest payment - Held that - Similar question has been considered by this Court Commissioner of Income Tax Central Vs M/S Jai Prakash Industries Pvt. Ltd. 2017 (3) TMI 1160 - ALLAHABAD HIGH COURT as answered in favour of Assessee and against Revenue

Summary

Issues Involved:
1. Determination of whether income arising from the sale of shares should be considered as capital gains or business income.
2. Disallowance of interest on borrowed funds advanced to various parties.

Analysis:

Issue 1:
The case involved appeals under Section 260-A of the Income Tax Act, 1961 arising from a common judgment passed by the Income Tax Appellate Tribunal. The main question raised was whether the income from the sale of shares of a company should be treated as capital gains or business income. The appellant argued that the shares were acquired as investments and not for trading purposes. The Assessing Authority disagreed, stating that the appellant frequently engaged in share transactions to earn profits, indicating a business activity. The Commissioner Income Tax (Appeals) ruled in favor of the appellant, considering the profit on share sales as long-term capital gains. The Tribunal also upheld this decision, rejecting the Revenue's appeals based on a previous case precedent. The High Court noted the appellant's transition to share dealing and speculation from a certain assessment year but found a lack of consideration by the Tribunal on whether the shares should be treated as stock in trade. The Court remanded the matter to the Tribunal for reconsideration based on the facts presented.

Issue 2:
Regarding the disallowance of interest on borrowed funds advanced to parties, the Assessing Authority held that the advances were made to parties with no business transactions and imposed interest on the borrowed funds. However, the appellant argued that it had sufficient funds from various sources to cover the outstanding amount. The Commissioner Income Tax (Appeals) and the Tribunal accepted the appellant's plea, stating that the disallowance of interest payment was unjustified. The High Court referenced a similar case and ruled in favor of the appellant on this issue, confirming the Tribunal's decision. Consequently, the appeal was partly allowed on the first issue, remanding it to the Tribunal, and dismissed on the second issue, upholding the Tribunal's judgment.

This detailed analysis outlines the key legal arguments, findings, and decisions made by the High Court in the judgment, addressing the issues raised in the case comprehensively.