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2015 (2) TMI 934 - AT - Income TaxShare transaction - long term capital gain v/s business income - revision u/s 263 - Held that - The intention of holding shares for a long period as investment does not amount to business income. The CIT has also dropped the proceedings initiated u/s. 263 of the I.T. Act in the immediately preceding assessment year 2004-05 on similar facts. Therefore, these transactions are to be treated as long term or short term capital gain and not business income. Thus these transactions are investment and not business. - Decided in favour of assessee.
Issues Involved:
1. Characterization of income as long term capital gain or business income. 2. Characterization of income as short term capital gain or business income. 3. Validity of CIT (A)'s order compared to the Assessing Officer's order. Analysis: Issue 1: Characterization of income as long term capital gain or business income: The appeal by the Revenue contested the CIT (A)-XI, Ahmedabad's direction to treat income of Rs. 2,95,44,976 as long term capital gain instead of business income. The Revenue argued that the holding of shares for a long period should be considered business income. However, the Appellate Tribunal, after considering the arguments and precedents, concluded that the intention of holding shares for investment purposes does not amount to business income. The Tribunal noted that in the previous assessment year, similar proceedings initiated under section 263 were dropped by the CIT. Therefore, the Tribunal held that the transactions in question should be treated as long term capital gains and not business income, as they were investments. The appeal by the Revenue on this ground was dismissed. Issue 2: Characterization of income as short term capital gain or business income: The Revenue also challenged the CIT (A)'s decision to treat income of Rs. 3,91,940 as short term capital gain instead of business income. The Tribunal considered the arguments presented by both parties, reviewed the relevant documents and decisions cited, and concluded that the share transactions in question, whether short term or long term based on holding period, should be classified as capital gains and not business income. The Tribunal upheld that these transactions were investments and not part of a business activity. Consequently, the Tribunal allowed this ground of appeal and dismissed the Revenue's challenge. Issue 3: Validity of CIT (A)'s order compared to the Assessing Officer's order: The brief facts of the case outlined that the Assessing Officer had made additions on account of long term capital gain and short term capital gain, which the assessee contested before the CIT (A). The assessee provided detailed submissions and evidence to support the classification of the income as capital gains from investments. The CIT (A) considered the arguments, called for a remand report from the Assessing Officer, and ultimately ruled in favor of the assessee. The Tribunal, after reviewing the entire case, supported the CIT (A)'s decision and dismissed the Revenue's appeal, thereby upholding the CIT (A)'s order over that of the Assessing Officer. In conclusion, the Appellate Tribunal upheld the CIT (A)-XI, Ahmedabad's decision to treat the income in question as capital gains from investments rather than business income, based on the holding period of shares and the intention behind the transactions. The Tribunal dismissed the Revenue's appeal and affirmed the CIT (A)'s order for the assessment year 2005-06.
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