2014 (5) TMI 145 - HC - Income Tax

Applicability of section 28(iv) - value of any benefit or perquisite transfer of shares for Failure to comply with the conditions of contract - Held that - The Tribunal held that one crore shares of M/s Reliance Infocom Limited were given to three companies, namely, M/s Fairever Traders & Consultants Private Limited, M/s Softnet Traders and Consultants Private Limited and M/s Prena Auto Private Limited on face value of ₹ 1/ - the condition mentioned was not fulfilled by the Assessee and he returned one crore shares - there was no final transfer of the shares either in the name of Assessee or in the name of Companies in which the Assessee is a Director - If the transfer was conditional and if the Assessee fails to comply with conditions and the shares could not be transferred in his name, then, applicability of Section 28(iv) of the Act is ruled out. If the income chargeable to income tax under the head profits and gains includes the value of any benefit or perquisite, whether convertible into money or not, arising from business or the exercise of a profession, but finding that such benefit or perquisite, whether convertible into money or not, has not been derived in this case by the Assessee, Section 28(iv) cannot be invoked - no substantial question of law arises for consideration Decided against Revenue.

Summary

Issues:
1. Interpretation of Section 28(iv) of the Income Tax Act, 1961.
2. Application of Section 2(24)(vd) of the Income Tax Act, 1961.
3. Determination of substantial question of law in relation to transfer of shares and benefits derived.
4. Comparison of facts between the present case and a previous case involving M/s Kaizen Commercial Private Limited.

Analysis:
1. The main issue in this judgment revolves around the interpretation of Section 28(iv) of the Income Tax Act, 1961. The court examined whether the shares transferred to certain companies were subject to conditions and if the Assessee's failure to fulfill these conditions precluded the applicability of Section 28(iv) regarding taxable benefits or perquisites arising from business activities.

2. Section 2(24)(vd) of the Income Tax Act, 1961 was also crucial in this case, as it pertains to the value of benefits or perquisites taxable under Section 28(iv). The court analyzed whether the Assessee derived any benefit or perquisite from the share transfer deal, considering the conditions attached to the transfer and subsequent return of shares.

3. The court deliberated on the determination of a substantial question of law concerning the transfer of shares and benefits derived from the transaction. It was argued that the Income Tax Appellate Tribunal (ITAT) did not provide independent reasons for reversing the Assessing Officer's decision and upholding the Commissioner of Income Tax (Appeals) decision, leading to the framing of a substantial question of law.

4. A significant part of the judgment involved the comparison of facts between the present case and a previous case involving M/s Kaizen Commercial Private Limited. The court highlighted similarities in the cases and referred to the dismissal of the Revenue's appeal in the M/s Kaizen Commercial Private Limited case, emphasizing that no substantial question of law was found in that instance.

In conclusion, the court dismissed the appeal in the present case, stating that no substantial question of law was raised. The decision was based on the findings that the shares were conditionally transferred, not finally transferred to the Assessee or related companies, and that no benefits or perquisites were derived from the transaction. The judgment emphasized the factual findings and the inapplicability of Section 28(iv) in the circumstances, aligning with the decision in the M/s Kaizen Commercial Private Limited case.