2019 (12) TMI 578 - HC - Income Tax

Taxing the capital gain arising at the hands of the assessee for transfer of a long term capital asset - HELD THAT - Tribunal found the facts of the present case akin to those arising in the decision of Chaturbhuj Dwarkadas Kapadia 2003 (2) TMI 62 - BOMBAY HIGH COURT in facts of the case, the consequential directions for taxing the income in the assessment year 2003-04 outhg to have been granted. In absence of any such specific direction, there is a risk of the assessee arguing that the assessing officer cannot reopen the assessment, since there is no directions issued by the Tribunal for taxing the income for the said year. To put the entire issue beyond the possibility of doubt or debate, we issue such directions. We are informed that subsequent to the Tribunal passing the impugned judgment, the Assessing Officer has already passed a fresh order of the assessment for the assessment year 2003-04 taxing the capital gain in the said year.

Summary

Issues:
Taxing capital gain in the correct assessment year; Consequential directions for taxing income in a specific year.

Analysis:
The appeal challenged the judgment of the Income Tax Appellate Tribunal regarding the taxation of capital gains arising from the transfer of a long-term capital asset in the assessment year 2007-08. The Tribunal held that the capital gain should be taxed in the assessment year 2003-04 based on the decision in a previous case. The main concern for the Revenue was the lack of consequential directions in the Tribunal's judgment for taxing the gain in the correct year, potentially leading to the assessment for the earlier year becoming time-barred. The Revenue argued that such directions were necessary under Section 150 of the Income Tax Act to enable taxation in the appropriate year.

In response to the issues raised, the High Court observed that the Tribunal should have provided specific directions for taxing the capital gain in the assessment year 2003-04 to avoid any ambiguity or future disputes. Without such directions, there was a risk of the assessee claiming that the assessing officer could not reopen the assessment due to the absence of clear instructions from the Tribunal. The Court emphasized the importance of clarity in such matters and issued the necessary directions to ensure the proper taxation of the income in question. It was noted that the Assessing Officer had already issued a fresh order for the assessment year 2003-04 after the Tribunal's judgment, confirming the need for explicit directions from the Tribunal to avoid any confusion.

In conclusion, the High Court disposed of the appeal by clarifying that the directions for taxing the capital gain in the assessment year 2003-04 should have been provided by the Tribunal. The Court's directive was deemed necessary to remove any uncertainty regarding the taxation of the income and to prevent potential disputes regarding the reopening of assessments. The clarification was intended to ensure that the correct assessment year for taxing the capital gain was clearly established, thereby resolving the issue raised in the appeal.