2019 (2) TMI 1276 - HC - Income Tax

Gain on sale of share - business income or capital gain - HELD THAT - Tribunal was influenced by the facts that the claim of the assessee was accepted in the assessment order passed after scrutiny, that the assessee had dealt with few scrips for purchase and sale, that the assessee was a senior citizen and retired bank employee who had invested funds in different scrips in his individual capacity as well as in the capacity of a Karta of HUF and lastly that the assessee has not utilized any borrowed funds for making such investments. The investment was out of his own capital. In view of such relevant facts noticed by the Tribunal, we do not see any error in the view taken by the Tribunal

Summary

Issues:
Whether the receipts from the sale of shares should be taxed as business income or capital gain?

Analysis:
The main issue in this case revolves around determining whether the income arising from the sale of shares should be categorized as business income or capital gain. The Revenue contended that the assessee was engaged in the business of buying and selling shares, while the assessee argued otherwise. The Tribunal, after considering the contentions of both parties, made observations based on the assessee's previous activities and financial sources. The Tribunal noted that the assessee, an elderly individual and retired bank employee, had dealt with a limited number of scrips for purchase and sale. It was highlighted that the assessee had not used borrowed funds for investments, relying solely on personal capital. Additionally, the Tribunal pointed out that similar claims by the assessee had been accepted in previous assessment years. Based on these facts, the Tribunal concluded that the income should be treated as capital gain, as opposed to business income. The Tribunal's decision was influenced by the assessee's investment patterns, lack of borrowed funds, and previous acceptance of similar claims.

In conclusion, the Tribunal's decision to categorize the income from the sale of shares as capital gain was upheld by the High Court. The Court found no error in the Tribunal's assessment, considering the relevant factors such as the assessee's investment behavior, financial sources, and previous acceptance of similar claims. Therefore, the appeal by the Revenue was dismissed, affirming the Tribunal's decision.