9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (10) TMI 1242 - AT - Income TaxIncome from share trading - short term gain or business income - Held that - A perusal of the record would show that for earning short term capital gain of ₹ 13,99,030/- the assessee has made purchases of shares having value of ₹ 1,77,68,963/-. The volume of sale proceeds and also purchase value would depict that there were frequent transactions. These transactions were not intended with an objection of earning dividend income or maximizing the profit. They reflect that a large number transaction has been carried out by the assessee by retaining shares for less than a month. It is also pertinent to observe that the assessee failed to demonstrate that delivery of all shares was taken by it. Considering all these aspects and well reasoned order of the CIT(A), we do not find any merit in this appeal.
Issues Involved:
1. Whether the short-term capital gain disclosed by the assessee should be treated as business income. Issue-Wise Detailed Analysis: 1. Treatment of Short-Term Capital Gain as Business Income: The primary grievance of the assessee is that the CIT(A) erred in treating the short-term gain of ?13,99,030/- as business income. The assessee filed a return declaring a total income of ?13,50,504/-. The assessee was engaged in share trading and declared long-term capital gain of ?29,00,986/- and short-term capital gain of ?13,99,030/-. The Assessing Officer (AO) treated both gains as business income, but the CIT(A) accepted the long-term capital gain as such and treated the assessee as an investor for long-term investments. However, for the short-term capital gain, the CIT(A) treated the assessee as a trader. The CIT(A) noted the high volume and frequency of transactions and the significant value of purchases and sales, leading to the conclusion that the short-term gains were business income. Relevant Findings by CIT(A): The CIT(A) observed that the assessee had not borrowed money for long-term investments and held the shares for more than a year, thus treating the long-term gains as capital gains. However, for short-term gains, the high volume and frequent rotation of shares indicated a business motive. The CIT(A) cited various case laws, including the Supreme Court's decision in CIT Vs. Associated Industrial Development Company Pvt. Ltd., to support the conclusion. The CIT(A) emphasized that the assessee's transactions aimed at maximizing profits through frequent trading, which is characteristic of business income rather than capital gains. Tribunal's Analysis: The Tribunal noted that determining whether gains from share sales are business income or capital gains is a complex issue, often requiring an assessment of the assessee's intention. The Tribunal referred to principles laid out by ITAT Lucknow Bench in Sarnath Infrastructure Pvt. Ltd. and the Gujarat High Court in Commissioner of Income Tax vs. Riva Sharkar A Kothari. These principles include examining the intention at the time of purchase, the frequency of transactions, how the items are treated in the balance sheet, and the volume and continuity of transactions. Conclusion: Upon examining the facts, the Tribunal found that the assessee's frequent transactions, high volume of sales and purchases, and short holding periods indicated a business motive. The transactions were not intended to earn dividends but to maximize profits through trading. The Tribunal upheld the CIT(A)'s decision, finding no merit in the assessee's appeal. The appeal was dismissed, and the short-term capital gains were rightly treated as business income. Final Judgment: The appeal of the assessee is dismissed. The order was pronounced in the Court on 24th October 2017.
|
