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2022 (6) TMI 1000 - AT - Income TaxAddition u/s 69 - loss on the sale of shares of Swarsarita Gems Limited - Year of assessment - Charge of income-tax - HELD THAT - Income tax shall be charged for the previous year to which the income relates/in which income accrues. Thus the scheme of the Act provides that the income pertaining to a particular previous year shall be charged to tax in the corresponding assessment year. See P.G. W. Sawoo Pvt. Ltd. 2016 (4) TMI 1002 - SUPREME COURT . In the given case, the transactions for the purchase and sale of shares have taken place in the financial year 2008-09 and therefore the same at the most can be taxed in the corresponding assessment year. However, we find that the AO has determined the income under the provisions of section 69 with respect to the transactions carried out by the assessee in the earlier year and not in the year under consideration. The act of the revenue authorities is unwarranted under the provisions of law. Accordingly, we set aside the finding of the learned CIT (A) and direct the AO to delete the addition made by him.
Issues involved:
1. Validity of assessment under section 147 of the Income Tax Act, 1961. 2. Addition of Rs.3,95,380 under section 69 of the Act on disallowance of loss on sale of shares of Swarsarita Gems Limited. 3. Computation of total income and interest under section 234A, 234B, and 234C of the Act. Issue 1: Validity of assessment under section 147: The appeal was filed against the order of the Commissioner of Income Tax (Appeals) regarding the assessment order passed under section 143(3) read with section 147 of the Income Tax Act, 1961. The appellant contended that the Assessing Officer (AO) did not issue a notice under section 143(2) of the Act, questioning the validity of the assessment. However, the Tribunal did not delve into this technical issue as the appellant received relief on merit, rendering the challenge to the assessment's validity irrelevant. Issue 2: Addition under section 69 of the Act - Disallowance of loss on sale of shares: The primary issue raised by the assessee was the addition of Rs.3,95,380 under section 69 of the Act concerning the disallowance of a loss on the sale of shares of Swarsarita Gems Limited (SGL). The AO treated the loss as an investment in SGL, alleging it was used to introduce unaccounted income as exempted long-term capital gain. Both the CIT (A) and the AO confirmed this addition. However, the Tribunal found that the transactions in question occurred during the financial year 2008-09, not the assessment year under consideration. Relying on the Supreme Court judgment in P.G. & W. Sawoo Pvt. Ltd. Vs ACIT, the Tribunal concluded that the AO's determination of income under section 69 for transactions from a previous year was unjustified. Consequently, the Tribunal directed the AO to delete the addition made, as it related to transactions from a different assessment year. Issue 3: Computation of total income and interest under section 234A, 234B, and 234C: The appellant also raised concerns regarding the correct computation of total income, income tax thereon, and interest under sections 234A, 234B, and 234C of the Act. However, the Tribunal did not provide specific details on the resolution of this issue in the summary provided. In conclusion, the Tribunal partially allowed the appeal filed by the assessee, directing the AO to delete the addition made under section 69 of the Act due to transactions from a different assessment year. The Tribunal did not address the technical issue of the assessment's validity, as the appellant received relief on merit. The summary did not elaborate on the computation of total income and interest under sections 234A, 234B, and 234C of the Act.
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