Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: cpt :: form 3cd :: VAT Audit :: ACCOUNTING STANDARDS :: articles on VAT and GST in India :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: TDS :: ARTICLES ON INPUT TAX CREDIT IN VAT :: TAX RATES - GOODS TAXABLE @ 4% :: due date for vat payment :: list of goods taxed at 4% :: ACCOUNTING STANDARD :: VAT RATES :: empanelment :: Central Excise rule to resale the machines to a new company
 
 
From the Courts »
  Vatsala Shenoy vs. JCIT (Supreme Court)
  Vatsala Shenoy vs. JCIT (Supreme Court)
 M.K.Overseas Pvt. Ltd. Vs. Pr.Commissioner Of Income Tax-06
 Arshia Ahmed Qureshi Vs. Pr. Commissioner Of Income Tax-21
 CHAUDHARY SKIN TRADING COMPANY Vs. PR. COMMISSIONER OF INCOME TAX-21
  Sushila Devi vs. CIT (Delhi High Court)
  Vatsala Shenoy vs. JCIT (Supreme Court)
 Deputy Director Of Income Tax Vs. Virage Logic International
 Commissioner Of Income Tax-3 International Taxation Vs. Virage Logic International India
 Pr. Commissioner Of Income Tax-06 Vs. Moderate Leasing And Capital Services Pvt. Ltd.
 ITO vs. Vikram A. Pradhan (ITAT Mumbai)

COMMISSIONER OF INCOME TAX Vs. JASWINDER SINGH AHUJA
February, 26th 2013
       THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 08.02.2013

+       ITA 81/2013

        COMMISSIONER OF INCOME TAX                              ..... Appellant

                             versus

        JASWINDER SINGH AHUJA                                   ..... Respondent

Advocates who appeared in this case:
For the Appellant            : Ms Suruchi Aggarwal, Sr. Standing Counsel with Mr
                               Manish Kumar, Advocate.
For the Respondent           : None.


CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE R.V.EASWAR

                                  JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

        This appeal under section 260A of the Income Tax Act, 1961

(hereinafter referred to as ,,the said Act) has been preferred by the

revenue being aggrieved by the order dated 25.06.2012 passed by the

Income Tax Appellate Tribunal in ITA No.3417/Del/2009 pertaining to

the assessment year 2002-03. The present proceedings arose out of the

penalty order passed by the assessing officer under section 271(1)(c) of

the said Act on 24.06.2010.







ITA 81/2013                                                            Page 1 of 4
2.       The facts are that the respondent/ assessee was employed with M/s

Cadence Design Systems India Pvt. Ltd. and as a part of his employment

he received stock options by virtue of an agreement dated 17.09.1992

with Cadence Designs System, USA. During the year in question the

assessee sold the stock options and received `1,05,19,631/-. The same

was declared by the respondent/ assessee in his return as long term capital

gains. However, the assessing officer took a different view and assessed

the same as short term capital gains and also directed initiation of penalty

proceedings under section 271(1)(c) of the said Act.


3.       In the quantum proceedings the Commissioner of Income Tax

(Appeals) deleted the addition made by the assessing officer on account

of the change in treatment from long term capital gains to short term

gains.        The revenue went up in appeal before the Tribunal and the

Tribunal allowed the appeals and upheld the view taken by the assessing

officer. In other words the Tribunal settled the issue with regard to the

manner in which the gains from the sale of stock options were to be

considered. The Tribunal reversed the view taken by the Commissioner

of Income Tax (Appeals) and held that the said gains were short term

capital gains as held by the assessing officer.




ITA 81/2013                                                      Page 2 of 4
4.      In the penalty proceedings the assessing officer imposed a penalty

of `15,69,445/-. The Commissioner of Income Tax (Appeals) deleted the

said penalty on the ground that the issue was debatable at the time when

the assessee filed his return and, therefore, he could not have been held to

have furnished inaccurate particulars or to have concealed his income.

This view has been upheld by the Tribunal by virtue of the order dated

25.06.2012. The Tribunal held as under: -


        "5. In the assessees case, evidently, there is no furnishing
        of any inaccurate particulars. It is not the case of the
        Revenue that the assessee has either concealed any fact or
        has submitted any wrong or incorrect fact. It is only the
        question of opinion whether the income from sale of stock
        option is assessable as short term capital gain or as long term
        capital gain. In view of the above, respectfully following the
        above decision of Honble Apex Court in the case of
        Reliance Petro Product Pvt. Ltd., we uphold the order of
        learned CIT(A)."


3.      We are of the view that the Commissioner of Income Tax

(Appeals) as also the Tribunal have approached the issue correctly. The

question whether the sale of the stock options would result in long term

capital gains or short term gains was not very clear at the time when the

respondent/ assessee filed his return for the assessment year 2002-03. In

fact the view taken by the assessing officer in the quantum proceedings






ITA 81/2013                                                        Page 3 of 4
had been reversed by the Commissioner of Income Tax (Appeals) in the

appeal filed by the assessee. The view taken by the Commissioner of

Income Tax (Appeals) was ultimately reversed by the Tribunal and the

view of the assessing officer was upheld in the quantum proceedings.

This, in itself, is indicative of the fact that the issue was not very clear-

cut. That being the position, we cannot bring the case of the respondent/

assessee within the provisions of section 271(1)(c) of the said Act. The

reliance placed by the Tribunal on CIT vs. Reliance Petroproducts Pvt.

Ltd.: 322 ITR 158 (SC) is also apposite.


4.      For the foregoing reasons we do not find any substantial question

of law in this appeal. Consequently, the appeal is dismissed. There shall

be no order as to costs.


                                           BADAR DURREZ AHMED, J



                                                         R.V.EASWAR, J
FEBRUARY 08, 2013
hs




ITA 81/2013                                                       Page 4 of 4
 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Multi-level Marketing MLM India Affiliate Marketing Affiliate Marketing Software MLM Software MLM Solutions Multi level marketing solutions MLM Servi

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions