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Tax & Customs LawSupreme Court of India

Addl. Commissioner of Income Tax v. Bharat V. Patel

Civil Appeal · 2018 INSC 406Decided 24 Apr 2018
Civil Appeal No. 4380 of 2018
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

The respondent, Chairman and Managing Director of Procter & Gamble India, received Stock Appreciation Rights (SARs) from P&G USA and redeemed them for cash before a 1999 amendment to the Finance Act came into force. The Assessing Officer treated the redemption proceeds as taxable income, substantially increasing his declared income, but the Income Tax Appellate Tribunal and later the Gujarat High Court ruled largely in the respondent's favour. The Revenue (tax department) appealed to the Supreme Court, arguing the amount was taxable either as a perquisite or as a business benefit under Section 28(iv) of the Income Tax Act.

Decision Breakdown

The Supreme Court held that a CBDT Circular relied on by the Revenue dealt only with shares issued to employees below market price, which was a different situation from the SARs allotted here, and that a circular cannot be used to create a new tax liability that the statute itself does not impose. It further held that Section 28(iv), which taxes benefits "arising from business or profession," did not apply because the SAR redemption had no connection to any business or professional activity. Since the amendment that could have made such amounts taxable came into force only from 1 April 2000 and the redemption happened before that date, and tax statutes must be construed strictly against imposing liability where none is expressly provided, the Court dismissed the Revenue's appeals, leaving each side to bear its own costs.

Lesson Learnt

Tax authorities cannot stretch a circular or a general provision to tax an amount that the law, as it stood at the relevant time, did not expressly cover, taxing statutes are interpreted strictly, and retrospective tax liability cannot be assumed without a clear statutory basis.

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