9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 648 - AT - Income TaxShort term capital gains in view of the SEBI s disgorging order - CIT(A) s action challenged upholding assessment as short term capital gains on account of profits derived from sale of shares despite the fact that the same stood appropriated in SEBI s favour - Held that - From the findings of the SEBI, it is implicit clear that both the assessees have indulged in violation of SEBI regulations, while making investments in IPOs. Whatever amounts they have illegally earned, which could be assessed as their income/, has been taken away from them. They have already disgorged the amount, though, the payment was made after the close of accounting year, and even after passing of the assessment order. But these payments related to same share transactions, which have given rise to the alleged income in the hands of the assessee. The appeal before the CIT(A) is a continuation of the original proceedings. Before the CIT(A), the assessee have already taken additional grounds of appeal on the strength of the SEBI order. Therefore, we find force in the contentions of the Id. Counsel for the assessee that ultimately no income has resulted to the assessees, out of these share transactions. See Monal Thappar vs. ACIT 2015 (7) TMI 913 - ITAT AHMEDABAD - Decided in favour of assessee.
Issues Involved:
1. Taxation of short term capital gains derived from the sale of shares despite SEBI's disgorging order. 2. Whether the gain from the purchase and sale of shares should be assessed under "capital gains" or "business income" head. 3. Exclusion of income disgorged to SEBI from the assessments. 4. Allowance of settlement charges paid to SEBI. Analysis: Issue 1: Taxation of short term capital gains The appeal concerns the assessment of short term capital gains on profits from the sale of shares despite SEBI's disgorging order. The assessee maintained that the consideration was not received due to SEBI's instructions. However, the Assessing Officer disregarded this and taxed the capital gains. The Commissioner of Income Tax(A) upheld this decision, stating that the sale transaction was complete during the year, and the capital gains were correctly offered for tax. The tribunal, following a similar case, deleted the addition of capital gains, ruling in favor of the assessee. Issue 2: Classification of income under "capital gains" or "business income" The tribunal addressed the question of whether the gain from the purchase and sale of shares should be assessed under the "capital gains" or "business income" head. The assessee argued that the activity was an investment and should not be assessed as business income. The tribunal considered SEBI's order and concluded that no income ultimately resulted to the assessee, leading to the exclusion of certain amounts from the assessments. Issue 3: Exclusion of income disgorged to SEBI The tribunal examined the exclusion of income disgorged to SEBI from the assessments. It found that the assessee had violated SEBI regulations and had disgorged the amounts earned, resulting in no income for the assessee. The tribunal ruled in favor of excluding the specific amounts from the assessments for the relevant assessment year. Issue 4: Allowance of settlement charges paid to SEBI Regarding the settlement charges paid to SEBI, the tribunal considered the nature of the payment and whether it should be allowed to the assessee. The tribunal analyzed the circumstances of the payments and concluded that the settlement charges deserved to be allowed to the assessee, emphasizing the compensatory nature of the payment. In conclusion, the tribunal allowed the assessee's appeal, deleting the addition of short term capital gains and providing relief in line with the SEBI's disgorging order. The judgment highlighted the importance of considering regulatory actions and their impact on the tax assessments, ultimately ruling in favor of the assessee.
|
