SC admits assessee’s
(Abhinandan Investment Ltd., a Jindal group company) SLP against
Delhi HC ruling for AY 1992-93 wherein HC had held that the transaction of
renunciation of rights for subscribing to partly convertible debentures
(‘PCDs’) of JISCO (another Jindal Group company) was a colourable device to
contrive artificial loss; Assessee had renounced rights in PCDs in favour of
another group company (‘JSL’) at a significantly lower price than the market
value resulting in a significant loss, such loss set-off claim was denied by
the HC by regarding it as only a notional loss; Taking note of peculiar facts
whereby assessee sold JSL shares during relevant year resulting in substantial
capital gains, and at the same time undertaking a transaction of renunciation
of rights resulting in huge losses, HC had opined that “In order to avoid
paying the tax, the investment companies including the Assessee
entered into transactions for renunciation of rights with related companies of
the same group. These incestuous transactions were for no other business
purpose but to contrive a loss in the hands of..assessee who had incurred a tax
liability on account of the gains made”; Relying on SC ruling in Azadi Bachao
Andolan and Vodafone International Holding BV, HC had held that “in order
to examine whether a transaction is a device or a subterfuge the answer to the
question whether the transaction has any reasonable business purpose would be a
vital consideration”; HC has thus ruled that the transactions were implemented
by the assessee for no commercial purpose but to create a tax loss while
ensuring that the rights remained within the Jindal Group
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