2013 (10) TMI 978 - AT - Income Tax

Tribunal rules on income enhancement, speculative loss, and book profit tax rebate in derivative transactions

Aatash Share & Commodities Broking Pvt. Ltd. Versus Asst. CIT - 4(1), Mumbai

Aatash Share & Commodities Broking Pvt. Ltd. Versus Asst. CIT - 4(1), Mumbai - TMI Issues:1. Enhancement of income by making an addition in respect of mark to market profit of Rs.7,92,365 in derivative transactions.2. Disallowance of speculative loss claimed by the assessee.3. Allowance of rebate u/s.88E on book profit tax.Issue 1: Enhancement of Income in Derivative TransactionsThe judgment pertains to a set of Cross Appeals by the Assessee and the Revenue challenging the Order by the Commissioner of Income Tax (Appeals) dated 12.12.2011. The primary issue was the enhancement of the assessee's income by Rs.4,90,512 by adding mark to market profit of Rs.7,92,365 in derivative transactions outstanding at the year-end. The Assessing Officer found the assessee's conduct inconsistent as it claimed a loss of Rs.3,01,853 but did not account for the profit of Rs.7.92 lacs on other unsettled transactions. The ld. CIT(A) added the unrealized gain, leading to an enhancement in income. The Tribunal accepted the assessee's stand, emphasizing the fundamental accounting principle of prudence and directed the deletion of the addition made by the ld. CIT(A).Issue 2: Disallowance of Speculative LossThe second issue involved the disallowance of speculative loss claimed by the assessee. The Assessing Officer disallowed the loss as the interest expenditure was entirely booked against share trading income without proper allocation for the derivative business. The Tribunal noted that the assessee had not allocated the interest expenditure against the two business segments, requiring a reasonable basis for allocation. The matter was remanded back to the Assessing Officer to consider the proposed allocation and assess income from both segments accordingly, emphasizing the need for a reasonable and cogent basis for allocation.Issue 3: Allowance of Rebate u/s.88E on Book Profit TaxThe third issue revolved around the allowance of rebate u/s.88E on book profit tax. The Assessing Officer computed tax under regular provisions and on book profit u/s.115JB, resulting in a higher tax demand. The ld. CIT(A) did not allow the rebate on book profit tax initially but later directed for its allowance. The Tribunal, citing relevant case law, held that the rebate u/s.88E should extend to tax payable on book profit u/s.115JB. Therefore, the rebate had to be allowed irrespective of the tax payable under regular provisions or book profit. The Tribunal partly allowed the assessee's appeal and dismissed the Revenue's appeal.In conclusion, the Tribunal's judgment addressed the issues of income enhancement in derivative transactions, disallowance of speculative loss, and allowance of rebate on book profit tax, providing detailed analysis and legal reasoning for each issue.