VidhiSangh

Supreme Court of India · 24/04/2018

ADDL. COMMISSIONER OF INCOME TAX versus BHARAT V. PATEL

[2018] 7 S.C.R. 1067 · 2018 INSC 406

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Summary

For stock appreciation rights redeemed in October 1997, the Supreme Court rejected the Revenue’s attempt to tax the receipt as a salary perquisite under section 17(2)(iii) or as a business benefit under section 28(iv). The specific securities mechanism introduced in section 17(2)(iiia) from 1 April 2000 was prospective, not clarificatory. CBDT Circular 710 concerned discounted shares, not these rights, and could not create a statutory charge. The holding concerns the historical provisions and transaction before the Court.

Issues

  1. Whether the later securities-perquisite provision applied retrospectively to the 1997 redemption.
  2. Whether the receipt fell under the alternative salary or business-benefit provisions invoked.
  3. Whether CBDT Circular 710 supplied the asserted tax liability.

Provisions considered

Held

Result

Revenue’s appeals dismissed; parties to bear their own costs. Historical perquisite and alternative business-benefit grounds rejected for the pre-April 2000 redemption.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 1067.