2019 (11) TMI 1544 - AT - Income Tax

Tax Tribunal Upholds Key Rulings: Capital Gains Classification, Section 10(38) Exemption, and More Affirmed.

The ITAT dismissed the Revenue's appeal, upholding the Ld.CIT(A)'s decisions on all contested issues. It affirmed the classification of profits as Capital ... Exemption u/s.10(38) on the profit on sale of investments - HELD THAT:- As decided in own case [2012 (10) TMI 882 - ITAT MUMBAI] even if sale of investments is liable to be taxed, yet to the extent it relates to long term capital gain falling under Section 10(38) of the Act, the exemption would be available -exemption available to any other assesee under clause 10(38) relating to long term capital, would also be available to a person carrying on nonlife Insurance business - Decided against revenue. Provisions of section 14A r.w. Rule 8D have no application to the assessee an insurance company - See assessee own case [2018 (3) TMI 1891 - ITAT MUMBAI] Amortization of premium - HELD THAT:- As decided in assessee own case [2018 (3) TMI 1891 - ITAT MUMBAI] hold that the premium paid by the assessee on purchase of government securities is liable to be amortized and amortization claimed by the assessee is revenue expenditure and is allowable. The ground raised by the Revenue is dismissed. MAT applicability u/s 115JB - HELD THAT:- The accounts of the insurance company are prepared in accordance with the Insurance Act, 1938 as has been provided under section 44A read with First Schedule and therefore, the provisions of section 115JB do not apply to the assessee’s case. Issues Involved:1. Classification of profit on sale of investments as Income from Capital Gain vs. Income from Business.2. Exemption of income under Section 10(38) of the I.T. Act, 1961.3. Disallowance computation under Section 14A of the I.T. Act, 1961.4. Allowability of premium paid on purchase of Government Securities as Revenue Expenditure.5. Applicability of Section 115JB of the I.T. Act, 1961 to the assessee.Detailed Analysis:1. Classification of Profit on Sale of Investments:The Revenue challenged the classification of profit on sale of investments as Income from Capital Gain rather than Income from Business. The Tribunal referred to its previous decisions in the assessee's own case for the A.Ys. 2000-01 to 2003-04 and the Bombay High Court's decision for A.Y. 2006-07, which upheld the classification as Income from Capital Gain. The Tribunal found the issue to be covered by these precedents and rejected the Revenue's grounds.2. Exemption under Section 10(38):The Revenue contested the exemption of Rs. 9,51,43,61,596/- under Section 10(38). The Tribunal noted that this issue was previously decided in favor of the assessee by both the Tribunal and the Bombay High Court. The High Court had dismissed the Revenue's appeal, reinforcing that the exemption under Section 10(38) applied to the sale of investments resulting in long-term capital gains. The Tribunal upheld the Ld.CIT(A)'s order granting the exemption.3. Disallowance under Section 14A:The Revenue argued that the disallowance under Section 14A should be computed as per Rule 8D, contrary to the assessee's computation. The Tribunal cited its earlier rulings that Section 14A read with Rule 8D does not apply to insurance companies, as their income is computed under Section 44 of the I.T. Act, 1961. The Tribunal reaffirmed this position, dismissing the Revenue's grounds.4. Amortization of Premium on Government Securities:The Revenue contended that the premium paid on Government Securities should not be allowed as Revenue Expenditure. The Tribunal referenced its previous decisions, which treated such amortization as allowable revenue expenditure under the IRDA regulations. These regulations mandate that insurance companies prepare their financial statements by amortizing the premium on government securities. The Tribunal upheld the Ld.CIT(A)'s order allowing the amortization as revenue expenditure.5. Applicability of Section 115JB:The Revenue challenged the non-applicability of Section 115JB (Minimum Alternate Tax) to the assessee. The Tribunal reiterated its stance from earlier years, stating that the accounts of insurance companies are prepared as per the Insurance Act, 1938, and not as per Schedule VI of the Companies Act. Consequently, Section 115JB does not apply to insurance companies. The Tribunal upheld the Ld.CIT(A)'s order on this issue.Conclusion:The Tribunal dismissed the Revenue's appeal on all grounds, maintaining the decisions of the Ld.CIT(A) regarding the classification of income, exemption under Section 10(38), disallowance under Section 14A, amortization of premium on government securities, and the non-applicability of Section 115JB to the assessee. The order was pronounced in the open court on November 6, 2019.