Full Judgment Text
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PETITIONER:
THE COMMISSIONER OF INCOME TAX,GUJARAT, AHMEDABAD
Vs.
RESPONDENT:
SAKARLAL BALABHAI & CO. LTD. OTHERS
DATE OF JUDGMENT: 26/09/1996
BENCH:
PARIPOORNAN, K.S.(J)
BENCH:
PARIPOORNAN, K.S.(J)
JEEVAN REDDY, B.P. (J)
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEALS NOS. 3358, 4635, 4238, 4636 OF 1992 AND 1664-
65 OF 1994.
The Commissioner of Income Tax,
Gujarat III, Ahmedabad
V.
Shri Nand Kishore Sakarlal
Balabhai etc.etc.
AND
CIVIL APPEALS NOS 12531-533 OF 1996
(Arising out of S.L.P.(C) NOS.15006-08 OF 1992)
Commissioner of Income-Tax,
Gujarat-I, Ahmedabad
V.
Navnitlal Sakarlal (HUF) & Anr.
J U D G M E N T
PARIPOORNAN, J.
1. Special leave granted in S.L.P. Nos. 15006-15008 of
1992.
2. The revenue represented by the Commissioner of Income
Tax, Gujarat at Ahmedabad, is the appellant in this batch of
10 cases. The Respondents are different assessees to income-
tax.
3. The revenue has filed the appeals from different orders
passed by the High Court of Gujarat, rejecting the
applications filed by the revenue under Section 256(2) of
the Income-tax Act, 1961. The question formulated by the
revenue in different cases are specified herein-below:
C.A. No.3180/92
"Whether the Appellate Tribunal is right in law and on
facts in holding that while computing long term capital
gains and sale of shares, the bonus shares ought have
been valued at average cost for the purposes of
computing the cost of acquisition ?"
C.A. NO.3358/92.
"WHETHER, the Appellate Tribunal is right in law and on
facts in directing the I.T.O. to take the average price
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of bonus shares for computation of capital gains in
respect of sale of 530 equity shares of Sarangpur
Cotton Mfg. Co. Ltd., without reducing the cost price
on receipt of bonus shares?"
C.A. No. 4635/92
"WHETHER, the Appellate Tribunal is right in law and on
facts in directing the I.T.O. to take the average price
of bonus shares for computation of capital gains in
respect of sale of 716 equity shares of Sarangpur
Cotton Mfg. Co. Ltd. without reducing the cost of
original shares on averaging the cost price on receipt
of bonus shares ?"
C.A. No.4238/92
"WHETHER the Appellate Tribunal is right in law and on
facts in directing the I.T.O. to take the average price
of bonus shares for computation of capital gains in
respect of sale of 1633 equity shares of Sarangpur
Cotton Mfg. Co. Ltd. without reducing the cost price on
receipt of bonus shares?"
C . A. No. 4636/92
"Whether the Appellate Tribunal is right in law and on
the facts in directing the I.T.O. to take the average
price of bonus shares for computation of capital gains
in respect of sale of 660 equity shares of Sarangpur
Cotton Mfg. Co. Ltd. without reducing the cost price on
receipt of bonus shares?"
C.A. Nos. 1664-65 (NT) of 1994
"Whether the court below were right in law and on
facts, in holding that the cost of original shares
should be taken either at the cost price or at the
substitute price as’ on 1. 1.64 ?"
C.A. Nos. 12531-35 of 1996
(@ S.L.P. Nos. 15006-08 of 1992)
"Whether the Appellate Tribunal is right in law and on
facts in directing the Income-tax Officer to take the
average price of bonus shares for computation of
capital gain in respect of sale of 414 equity shares of
Sarangpur Cotton Manufacturing Co. Ltd., without
reducing the cost of original shares on averaging the
cost price on receipt of bonus shares ?"
4. We heard counsel. In rejecting the applications under
Section 256(2) of the Income-tax Act, the High Court has not
even adverted to the minimal facts, and the findings of the
Appellate Tribunal and has failed to give the reasons as to
why the applications are rejected. Various orders appealed
against are far from satisfactory. We have perused the
orders passed by the Appellate Tribunal in the appeals. We
are of the view that on the basis of the findings entered by
the Appellate Tribunal and the decisions adverted to by it,
the question of law posed in the various cases do arise out
of the order of the Appellate Tribunal. It appears from the
orders of the Appellate Tribunal that in disposing of the
appeals and entering appropriate findings, discussion of
alternate views was called for.
5. In the facts and circumstances, we set aside the orders
passed by the High Court rejecting the applications of the
revenue filed under Section 256(2) of the Income-tax Act. We
direct the Income Tax Appellate Tribunal, Ahmedabad to refer
the questions of law in the different cases, as specified
herein above, for the decision of the High Court and forward
the same along with the statement of the case and the
relevant documents. We expect that the Appellate Tribunal
will take appropriate steps expeditiously, to enable the
High Court to dispose of the matter finally. The appeals are
allowed. There shall be no order as to costs.
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