2016 (9) TMI 335 - HC - Income Tax

Sale proceedings of the shares / warrants - Short Term Capital Gain OR Business income - Held that - We find that the two Authorities, namely, CIT(A) and the Tribunal by the impugned orders have held that the respondent assessee is an Investment Company. Further it is held that in respect of the shares in Lok Housing, which were sold during the subject assessment year giving rise to capital gains of ₹ 25.54 lakhs, the income was chargeable to tax under the head Capital Gains as the respondent assessee was not a Trader in shares. The aforesaid facts were found by the Authorities over and above the fact that the shares in fact were held after conversion into Demat for a period between 4 to 7 months. The Revenue has not been able to show how and why the findings arrived at by the CIT(A) and the Tribunal are in any manner perverse and / or arbitrary. Two Authorities have concurrently come to a finding of fact that the respondent assessee is an Investment Company and the shares of Lok Housing were held for over a period of four to seven months from the date of their conversion into Demat form. No substantial question of law. - Decided against revenue

Summary

Issues:
Challenge to order of Income Tax Appellate Tribunal regarding assessment of sale proceedings of shares as Short Term Capital Gain instead of business income.

Analysis:
1. The appeal challenges the order of the Income Tax Appellate Tribunal (the Tribunal) dated 11th September, 2013, concerning the Assessment Year 2008-09 under Section 260A of the Income Tax Act, 1961.
2. The main question of law raised by the Revenue is whether the Tribunal was justified in directing the assessing officer to treat the assessee company as an Investment Company and assess the sale proceedings of shares as Short Term Capital Gain instead of business income.
3. The respondent assessee claimed to be an Investment Company and reported a profit of &8377; 25.54 lakhs from the sale of shares in M/s. Lok Housing & Construction Ltd. under the head "Capital Gains" for the Assessment Year 2008-09.
4. The Assessing Officer initially treated the gain from the sale of shares as Business Income based on the period of holding from the date of conversion to demat.
5. The Commissioner of Income Tax (Appeals) reversed the Assessing Officer's decision, considering the period of holding from the conversion of warrants to shares and categorized the gain as Short Term Capital Gains, noting the respondent's status as an Investment Company.
6. The Tribunal upheld the CIT(A)'s decision after evaluating the facts and reasoning provided by the CIT(A) in setting aside the assessment order.
7. Both the CIT(A) and the Tribunal concluded that the respondent was an Investment Company and the shares were held for a significant period after conversion into Demat, justifying the treatment of income as Capital Gains.
8. The Revenue failed to demonstrate any perversity or arbitrariness in the findings of the CIT(A) and the Tribunal, which established the respondent's status and the holding period of the shares, leading to the dismissal of the appeal.

This comprehensive analysis outlines the legal proceedings, arguments, and decisions involved in the judgment, addressing the issues raised by the parties and the rationale behind the final decision of the High Court.