2017 (5) TMI 300 - HC - Income Tax

Capital gain on transfer of converted shares - partnership firm - contention of Assessees that share were converted into stock in trade thus no capital gain - Held that - Tribunal which has recorded findings that conversion of investment of shares into stock-in-trade was reality and genuine as relying on case of CIT Vs M/s Raj Kumar Singh and Co. Lucknow 2017 (5) TMI 346 - Allahabad high court wherein held it is a case of outright sale of share holding by Assesses Firm to its partner and that to for consideration, hence it can not be a case of distribution by dissolution of Firm or even under the word otherwise because sale is not covered under Section 45 (4) of Act, 1961. - Decided in favour of assessee.

Summary

Issues:
1. Interpretation of provisions of Income Tax Act, 1961 regarding conversion of shares into stock in trade and subsequent sale.
2. Validity of Assessing Officer's questioning of the bonafides of the transaction.
3. Application of Section 45(2) of the Income Tax Act, 1961 in deleting additions made by the Assessing Officer.
4. Consideration of provisions of Section 2(47)(iv) read with Section 45(1) in the context of the case.

Analysis:

1. The appeals before the Allahabad High Court involved the interpretation of the Income Tax Act, 1961 regarding the conversion of shares into stock in trade and subsequent sale by the Assessees. The primary issue was whether the conversion was genuine and if the Assessing Officer correctly treated the transaction as resulting in profit rather than a loss. The Tribunal upheld the conversion as genuine, leading to the dismissal of the appeals by the High Court.

2. Another crucial point of contention was the Assessing Officer's questioning of the bonafides of the transaction. The Assessees argued that the conversion was legitimate, while the Assessing Officer viewed it as questionable. The Tribunal's decision to support the Assessees' position further solidified the validity of the transaction in question.

3. The application of Section 45(2) of the Income Tax Act, 1961 was pivotal in the deletion of additions made by the Assessing Officer. The Tribunal's reliance on previous judgments and the specific circumstances of the case led to the dismissal of the Revenue's appeal and favored the Assessees.

4. Lastly, the High Court considered the provisions of Section 2(47)(iv) read with Section 45(1) in the context of the case. The Tribunal's decision to ignore these provisions was challenged, but the High Court, based on its previous judgment in a similar case, upheld the Tribunal's decision and dismissed the appeals against the Revenue.

In conclusion, the Allahabad High Court dismissed all appeals, following the precedent set in a previous judgment, and ruled in favor of the Assessees, highlighting the importance of interpreting the Income Tax Act provisions correctly in transactions involving shares and stock in trade.