2017 (8) TMI 76 - AT - Income Tax

Tribunal decision: Share sale profit as short-term gain, 2% exempt income disallowed, business head disallowance, interest expenses nexus.

Shri Ramesh C Shah Versus ASST CIT 19 (2), Piramal Chambers, Mumbai

Shri Ramesh C Shah Versus ASST CIT 19 (2), Piramal Chambers, Mumbai - Tmi Issues:1. Treatment of profit on sale of shares as Business Income vs. Short Term Capital Gain2. Disallowance u/s 14A of the Act3. Disallowance u/s 94(7) of the Act4. Disallowance of interest expenses1. Treatment of profit on sale of shares as Business Income vs. Short Term Capital Gain:The appellant contested the order treating profit on sale of shares as Business Income instead of Short Term Capital Gain. The appellant argued that the treatment was incorrect based on facts and law. The appellant cited previous judgments supporting capital gains treatment for share transactions. The Tribunal noted the appellant's consistent investment approach and dividend income history, concluding that the gains should be taxed as capital gains, following past decisions. Therefore, the 1st ground of appeal was allowed.2. Disallowance u/s 14A of the Act:The AO disallowed a sum under section 14A concerning exempt income against expenses. The appellant challenged this disallowance, citing the non-retrospective nature of Rule 8D and previous ITAT directions in a similar case. The Tribunal agreed that Rule 8D is not retrospective and directed a 2% disallowance of total exempt income, partially allowing the 2nd ground of appeal.3. Disallowance u/s 94(7) of the Act:The AO disallowed a sum under section 94(7) regarding business loss and dividend income. The appellant argued that if treated as Short Term Capital Loss, the disallowance should be against that category. The Tribunal agreed with the appellant's position, directing the disallowance under the business head and adjusting the balance against STCL, partially allowing the 3rd ground of appeal.4. Disallowance of interest expenses:The AO disallowed interest expenses due to a lack of nexus with the business. The appellant contended that most funds were interest-free, and reliance was placed on a relevant judgment. The Tribunal noted the majority of interest-free funds and allowed the appeal, deleting the disallowance of interest expenses. Consequently, the 4th ground of appeal was allowed partially.In conclusion, the Tribunal partly allowed the appeal based on the above analysis of the issues raised by the appellant regarding the treatment of income, disallowances, and interest expenses.