2013 (11) TMI 567 - AT - Income Tax

Tribunal rules in favor of assessee, classifying ESOP gains as long term capital gains

Sh. Gopi G. Nambiar Versus JCIT, Range 47 New Delhi

Sh. Gopi G. Nambiar Versus JCIT, Range 47 New Delhi - TMI Issues involved:Validity of reopening of assessment, classification of capital gains as short term or long termValidity of reopening of assessment:The appeal was against the order of the Ld.CIT(A)-XXX, New Delhi dated 05.02.2010 for the Assessment Year 2007-08. The assessee, an individual with income from various sources, filed a revised return declaring income from the sale of stock options under a cashless scheme. The AO issued a notice under section 148 for reassessment, which the assessee objected to. The Ld. Counsel argued that there was no new material for the reopening and cited relevant case law. The reasons for reopening did not provide any fresh information beyond what the assessee had disclosed. The Tribunal held that the reopening lacked tangible material and was therefore bad in law, following the decision in a similar case.Classification of capital gains as short term or long term:The dispute revolved around whether the capital gains from the sale of ESOPs were short term or long term. The assessee contended that as the stock options were granted for more than 36 months before being sold, they should be treated as long term capital gains. The Ld. DR argued for short term classification based on the information from the employer. The Tribunal examined various case laws and held that the date of acquisition of ESOP should be considered as the date of grant, making the gain a long term capital asset if held for more than 36 months. Relying on precedents, the Tribunal directed the AO to tax the gain as long term capital gain. The appeal was allowed in favor of the assessee.---