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2010 (1) TMI 291 - SC - Income TaxCapital Gain- whether Rs. 2,43,750 was a short-term capital loss, as contended on behalf of the assessee(s), or whether the said loss was a long-term loss, as contended on behalf of the Revenue. assessee was a shareholder in Jindal Iron and Steel Company Limited ( JISCO , for short). The said company announced in January, 1992, an issue of 12.5 per cent. equity secured PCDs (partly convertible debentures) of Rs. 110 for cash at par to shareholders on rights basis and employees on equitable basis. The issue opened for subscription on February 14, 1992, and closed on March 12, 1992. As the assessee held 1500 equity shares of JISCO, the assessee received an offer to subscribe to 1875 PCDs of JISCO on rights basis. The assessee renounced his right to subscribe to the PCDs in favour of Colorado Trading Company on February 15, 1992, at the rate of Rs. 30 per right. The assessee received, accordingly, Rs. 56,250 for renunciation of the right to subscribe to the PCDs. Held that- the loss computed by the assessee was correct.
Issues Involved:
1. Nature of the loss suffered by the assessee(s) - whether it was a short-term capital loss or a long-term capital loss. 2. Computation of income under the head "Capital gains" as per the Income-tax Act, 1961. Detailed Analysis: Issue 1: Nature of the Loss The core issue in this batch of civil appeals was to determine whether the loss of Rs. 2,43,750 suffered by the assessee(s) was a short-term capital loss or a long-term capital loss. The assessee(s) contended that it was a short-term capital loss, while the Revenue argued it was a long-term capital loss. The court examined the chronology of events and the nature of the rights involved. The assessee held 1500 equity shares in Jindal Iron and Steel Company Limited (JISCO), which announced an issue of 12.5% equity secured PCDs (partly convertible debentures) on a rights basis in January 1992. The assessee renounced his right to subscribe to these PCDs in favor of Colorado Trading Company on February 15, 1992, for Rs. 56,250. This renunciation led to a diminution in the value of the original shares held by the assessee, resulting in a capital loss of Rs. 3,00,000. The court noted that the right to subscribe for additional shares/debentures on a rights basis comes into existence when the company decides to issue the rights offer. This right, although embedded in the original shareholding, crystallizes only upon the announcement of the rights offer. Therefore, the nature of the gains/losses on renunciation of this right depends on the date the right comes into existence and the date of its transfer. Based on the judgment in Miss Dhun Dadabhoy Kapadia v. CIT, the court held that the right to subscribe for additional shares/debentures is a distinct, independent, and separate right. The crucial dates for determining the nature of the loss are the date the right comes into existence and the date of its transfer. Consequently, the court found merit in the assessee's argument that the loss of Rs. 2,43,750 was a short-term capital loss. Issue 2: Computation of Income under "Capital Gains" The court had to decide the correct method of computing income under the head "Capital gains" as per section 48 of the Income-tax Act, 1961. The controversy centered around the stage at which section 48(2) becomes applicable. The assessee computed the net income chargeable to tax under "Capital gains" as Rs. 6,77,530, treating the loss of Rs. 2,43,750 as a short-term capital loss and applying section 48(2) deductions to the long-term gains from the sale of shares of JSL and SPL, amounting to Rs. 23,18,200. The standard deduction under section 48(2) was calculated as Rs. 13,96,920, resulting in a net long-term gain of Rs. 9,21,280, from which the short-term loss was deducted. The Assessing Officer, however, treated the loss of Rs. 2,43,680 as a long-term loss and applied section 48(2) deductions to the figure of Rs. 20,87,450, resulting in a net income of Rs. 8,28,980. The court reiterated that computation and chargeability must go hand in hand. Since the loss of Rs. 2,43,750 was a short-term loss, the computation of income under "Capital gains" as projected by the assessee was correct. Therefore, the court concluded that the computation of income submitted by the assessee was accurate, and the computation made by the Department was erroneous. Conclusion: The Supreme Court allowed the civil appeals filed by the assessee(s), ruling that the loss of Rs. 2,43,750 was a short-term capital loss and that the computation of income under the head "Capital gains" as submitted by the assessee was correct. The computation made by the Department was found to be erroneous. The appeals were allowed with no order as to costs.
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