Capital gains and retrospective amendment principles shape tax treatment of share-sale receipts in this High Court reference.

Section 52(2) of the Income-tax Act was held inapplicable to capital gains on share sales because the assessee had not received any consideration over and above the amounts stated in the sale deeds. The amount of Rs. 19,982 was also held not taxable as business income, following the earlier view on the same question. However, the retrospective Explanation inserted by the Finance Act, 1989 to section 2(1A) was applied to the receipt, and on that basis the same amount was held chargeable to tax on the third question. The reference was thus disposed of with the assessee succeeding on the first two issues and the Revenue on the third.

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Issues: (i) Whether section 52(2) of the Income-tax Act, 1961 applied to the computation of capital gains on sale of shares where no excess consideration over the sale deeds was received; (ii) whether the amount of Rs. 19,982 was taxable as business income or as capital gains; (iii) whether the amount of Rs. 19,982 was chargeable to tax in view of the Explanation to section 2(1A) inserted by the Finance Act, 1989 with retrospective effect.

Issue (i): Whether section 52(2) of the Income-tax Act, 1961 applied to the computation of capital gains on sale of shares where no excess consideration over the sale deeds was received.

Analysis: The finding of fact was that the assessee had not received any amount over and above the consideration recorded in the sale deeds. On that factual basis, the principle governing application of section 52(2) where understatement of consideration is not established was applied.

Conclusion: The issue was answered in favour of the assessee and against the Revenue.

Issue (ii): Whether the amount of Rs. 19,982 was taxable as business income or as capital gains.

Analysis: An identical question had been decided earlier in favour of the assessee, and the same view had been upheld. Following that binding approach, the amount was held not to be taxable as business income.

Conclusion: The issue was answered in favour of the assessee and against the Revenue.

Issue (iii): Whether the amount of Rs. 19,982 was chargeable to tax in view of the Explanation to section 2(1A) inserted by the Finance Act, 1989 with retrospective effect.

Analysis: The retrospective statutory Explanation governed the character of the receipt and required the question to be answered against the assessee.

Conclusion: The issue was answered in favour of the Revenue and against the assessee.

Final Conclusion: The reference was disposed of with the assessee succeeding on the first two questions and the Revenue succeeding on the third.

Ratio Decidendi: Section 52(2) cannot be applied in the absence of a finding that the assessee received consideration over and above the stated sale price, and a retrospective statutory amendment governs the taxability of the receipt for the relevant period.

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