M/S. ADISHWAR LAL JAIN & SONS,DELHI vs. ACIT, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that deep discount bonds are capital assets and the profit arising on their redemption should be treated as capital gain. Consequently, the interest under sections 234B and 234C was not leviable.
What were the facts?
The assessee treated income from redemption of ICICI Money Multiplier Bonds as Long Term Capital Gain, while the AO and CIT(A) treated it as income from other sources. The assessee relied on a precedent where similar bonds were treated as capital assets.
What were the issues?
Whether income from redemption of deep discount bonds is to be treated as capital gains or income from other sources. Whether interest under sections 234B and 234C is leviable when the income is treated as capital gains.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC”, NEW DELHI
Before: SHRI H.S. SIDHU
The Assessee has filed the present appeal against the impugned order dated 15/1/2016 passed by the Ld. Commissioner of Income Tax (Appeals)-12, New Delhi on the following grounds:-
1. That the Ld. CIT(A) has erred in law as well as on facts in confirming the action of AO for treating the income arising on redemption of ICICI Money Multiplier Bonds as “income from other sources” as against “Long Term Capital Gain” declared by the assessee in his return.
2. That the Ld. CIT(A) has further failed to appreciate that a circular cannot make a provision which can put an assessee in a disadvantageous position that what the law provides. While doing so the Ld. CIT(A) has overlooked various judicial pronouncements relied on by the assessee. 3. That the Ld. CIT(A) has erred both in law as well as on facts in sustaining the charge of interest under section 234B of the Income Tax Act, 1961.
The appellant craves leave to add, alter, amend, modify, or withdraw all or any of the above grounds of appeal at any time on or before the hearing as may be advised.
The facts narrated by the Revenue authorities are not in dispute, hence, the same are not repeated here for the sake of brevity.
During the hearing, Ld. Counsel of the assessee filed a Paper Book containing pages 1 to 80 having the copy of the various orders of the ITAT and the Higher Courts including the ITAT, Mumbai decision dated 3rd July, 2008 in the case of CS Gosalia vs. ITO, reported at (2008) 15 DTR (Mumbai) (Trib) 271 and stated that the facts of the present case are identical to the case of CS Gosalia vs. ITO (Supra), therefore, the issue in dispute is squarely covered by the aforesaid decision wherein the Tribunal has decided the issue in dispute in favor of the assessee. Hence, he requested that Appeal filed by the Assessee may be allowed.
At the time of hearing Ld. DR relied upon the orders of the lower authorities.
We have heard the both parties and perused and considered the relevant record available with us especially the impugned orders passed by the Revenue Authorities and the copy of the order dated 03.7.2008 of the Mumbai Tribunal passed in the case of M/s CS Gosalia vs. ITO in AY 2002-03, reported in (2008) 15 DTR (Mumbai) (Trib) 271 wherein, the Tribunal has adjudicated the matter vide para 10 to 13 as under:-
“7. We have considered the submissions made by both sides, material on record and orders of authorities below. Admittedly, the said circular has been issued on 15th Feb, 2002 and the assessee has purchased the said deep discount bonds much before that. It was also noted that these deep discount bonds have been redeemed prematurely by IDBI on 31st March, 2002 on its own. It is also noted that assessee has not offered any income thereon in the years of holding and such bonds have been held as investments. It is further noted that the CBDT issued the said circular for the reason that various disputes arose regarding the tax treatment of income arising from these deep discount bonds. It is further noted that prior to the issue of such circular, the profit on transfer of bonds before maturity was to be taxed as income from capital gains where bonds were held as investments. As per cl. 3 of the said circular, it has been stated that this circular was issued to resolve such dispute and income from such bonds had to be treated uniformally, thereafter, in the manner as prescribed therein. In our view, this circular is to be treated as having prospective effect because it results into an additional civil liability and also in view of the fact that it is treated of retrospective nature, it may result into situations where one person cannot comply its requirements for his past actions or omissions. We are further of the view that these deep discount bonds are capital assets, hence, profit arising on redemption thereof is to be treated as capital gain. In this view of the matter, we hold that the order of the Ld. CIT(A) is not correct in law. Accordingly, we reverse the same and direct the AOI to accept the claim as made by the assessee. thus, this ground of the assessee is accepted.
In ground no. 2, the assessee is aggrieved by the decision of Ld. CIT(A) in confirming the AO’s decision for charging interest under ss. 234B and 234C of the Act. This ground is consequential to ground no. 1 and in view of our decision in respect thereof, the assessee is not liable to pay any interest under ss. 234B and 234C of the Act. Thus, this ground is dismissed as infructuous.”
Respectfully following the precedent, as aforesaid, we allow the grounds in dispute raised by the assessee.
In the result, the appeal of the Assessee is allowed. Order pronounced in the Open Court on 03/01/2017.
More judgments on Section 234B
- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Sarvjeet Singh Through Legal Heir Manjit… vs ITO Ward 1(1), AlwarITA 355/JPR/2025[2013-14]Status: Disposed16 Oct 2026AY 2013-14
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 2128/MUM/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
Recent GST High Court judgments
Search GST case law →- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026
- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026