2025 (3) TMI 404 - AT - Income Tax

Long-term capital gains from Market Linked Debentures taxed at 20% under Section 112, not eligible for 10% rate.

Doraiswami Rajagopalan Versus The Dy. Commissioner of Income Tax, Circle – 2 (2) (1), Bangalore.

The Tribunal held that the long-term capital gain (LTCG) from the redemption of Market Linked Debentures is subject to a tax rate of 20% under section 112 ... LTCG on redemption of Market Linked Debenture - Benefit of lower tax/concessional rate of tax on capital gain u/s 112A - CIT(A)/NFAC confirming the action of the CPC levying the tax on capital gain @ 20% instead of 10% - assessee argued that under the Securities Contracts (Regulation) Act, 1956, debentures qualify as 'securities,' and therefore the benefit of the lower tax rate applicable for sale of listed securities shall be provided. HELD THAT:- Section 112A provides a preferential tax rate of 10% on LTCG arising from the transfer of specified assets, which include equity shares of a company, units of an equity-oriented fund, or units of a business trust, provided certain conditions are fulfilled. Provision does not extend this benefit to debentures, even if they are listed and traded on a recognized stock exchange in India. The legislature has intentionally limited the scope of section 112A of the Act to specific securities and has not included debentures within its ambit. Since debentures are explicitly excluded from the concessional tax treatment under section 112A the correct rate of tax applicable on the LTCG from the redemption of Market Linked Debentures is 20% under section 112. AO/CPC had rightly applied the tax rate of 20% on the impugned LTCG. The appeal filed by the assessee, therefore, lacks merit and is accordingly hereby dismissed. The issues presented and considered in the judgment are as follows:1. Whether the long-term capital gain (LTCG) arising from the redemption of Market Linked Debentures should be taxed at the concessional rate of 10% under section 112A of the Income Tax Act or at the rate of 20% as applied by the Assessing Officer (AO) under section 112 of the Act.The detailed analysis of the identified issue is as follows:Relevant legal framework and precedents:- Section 112A of the Income Tax Act provides a preferential tax rate of 10% on LTCG arising from the transfer of specified assets, including equity shares of a company, units of an equity-oriented fund, or units of a business trust.- The Securities Contracts (Regulation) Act, 1956 defines debentures as securities, but the Income Tax Act distinguishes between different types of securities for taxation purposes.Court's interpretation and reasoning:- The Tribunal noted that section 112A does not extend the benefit of the concessional tax rate to debentures, even if they are listed and traded on a recognized stock exchange.- Despite debentures falling within the broader definition of securities, the specific provisions of section 112A restrict the concessional tax treatment to certain specified securities, excluding debentures.- The Tribunal upheld the view that debentures are explicitly excluded from the concessional tax treatment under section 112A, and the correct tax rate applicable on LTCG from the redemption of Market Linked Debentures is 20% under section 112 of the Act.Key evidence and findings:- The assessee provided proof of sale from the issuer and BSE settlement confirmation to establish that the debentures were traded on the stock exchange.- The assessee argued that debentures should be eligible for the concessional tax rate under section 112A based on their classification as securities under the Securities Contracts (Regulation) Act, 1956.Application of law to facts:- The Tribunal concluded that the legislative intent behind section 112A was to provide a preferential tax rate only for specified securities, excluding debentures.- Despite the debentures being traded on a recognized stock exchange, the Tribunal held that the tax treatment specified under the Act does not include debentures for the concessional tax rate.Treatment of competing arguments:- The assessee contended that the debentures should qualify for the concessional tax rate under section 112A based on their classification as securities under the Securities Contracts (Regulation) Act, 1956.- The Revenue supported the order of the authorities below, arguing that debentures are not covered under the concessional tax treatment of section 112A.Significant holdings:- The Tribunal dismissed the appeal of the assessee, upholding the view that debentures are explicitly excluded from the concessional tax treatment under section 112A of the Act.- The correct tax rate applicable on LTCG from the redemption of Market Linked Debentures was held to be 20% under section 112 of the Act.- The appeal filed by the assessee lacked merit and was accordingly dismissed.In conclusion, the Tribunal affirmed the decision of the lower authorities and held that the long-term capital gain from the redemption of Market Linked Debentures should be taxed at the rate of 20% under section 112 of the Income Tax Act, as debentures are not eligible for the concessional tax rate provided under section 112A for specified securities.