In a landmark judgment, the Income Tax Appellate Tribunal (ITAT) has upheld the right of taxpayers to engage in legitimate tax planning, allowing the set-off of short-term capital losses against long-term capital gains (LTCGs). This decision provides significant relief to stock market investors who often face intense scrutiny during tax assessments.
The case in question pertains to the financial year 2015-16, where a taxpayer incurred a short-term capital loss of ₹9.14 crore from the sale of Mindtree shares. The taxpayer set off this loss against a long-term capital gain of ₹16.81 crore from selling shares of Avendus Capital Pvt Ltd. However, the income tax assessing officer disallowed the claim, reclassified the short-term capital loss as long-term capital gain, and added it back to the taxpayer’s income.
The officer alleged that the taxpayer strategically sold Mindtree shares following a significant drop in their price after a bonus announcement, terming the move a “colourable device” to reduce tax liability. Despite these claims, the taxpayer appealed the decision, leading to a favorable ruling by the Commissioner of Appeals. The Revenue Department then escalated the matter to the ITAT.
The ITAT, led by Vice-President Saktijit Dey and Accountant Member Amarjit Singh, dismissed the department’s appeal and ruled in favor of the taxpayer. The tribunal emphasized that the transactions were genuine and there was no evidence to suggest otherwise.
The tribunal stated:
“When the transactions relating to purchase and sale of shares are beyond doubt and are not in the nature of sham transaction, the short-term capital loss derived by the assessee from the sale of shares cannot be prevented from being set off against the long-term capital gain by alleging adoption of a colourable device. Taxpayers are not obligated to pay more tax if they arrange their affairs within the legal framework.”
The ITAT noted that the assessing officer had accepted the computation of short-term capital loss in subsequent assessments for the years 2017-18 and 2018-19. This consistency further validated the genuineness of the taxpayer’s claims.
This ruling reinforces the distinction between legitimate tax planning and tax evasion. Taxpayers can arrange their financial affairs to minimize tax liability as long as they operate within the bounds of the law.
The tribunal also referenced a previous decision by the Hon’ble Jurisdictional High Court in PCIT vs. Cyrus Poonawalla to support its findings.
The ITAT’s decision underscores the importance of adhering to legitimate and transparent financial practices. It serves as a reminder that while tax authorities have the power to assess transactions, they must do so based on evidence rather than presumptions.
This ruling is a welcome development for investors and taxpayers alike, reaffirming their right to legitimate tax planning.
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