TMI Blog2008 (1) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... ived alongwith non convertible debentures were liable for capital gains – no proof that coupons were security as per Securities Contracts Regulation Act – section 55(2) will not apply – coupons not liable to capital gain - 282 of 2001 - - - Dated:- 8-1-2008 - F. I. REBELLO and R. S. MOHITE, JJ. Vinod Gupta, for the Appellant. S. N. Inamdar with A. K. Jasani for the Respondent. JUDGM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing out capital gain assessee computed fair market price as on 1.4.1981. The Assessing Officer held that since the assessee was holding the shares as stock-in-trade upto 2.11.1987 and as the said shares were not capital assets as on 1.4.1981, the option adopted as fair market price as on 1.4.1981 was not available to the assessee. 4. The revenue had carried this matter to the Commissioner of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the "Cost of Acquisition" of the said agricultural lands. It was held by this court that what was relevant for computing the capital gains tax was the "Cost of Acquisition" and not the cost on date on which the asset was treated as capital asset. That cost of acquisition was the cost of the asset on the date when the asset was actually acquired. 6. On behalf of the revenue, it was sought to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. In our view, there is no substance in the contention of the revenue. The Amendment of 1993 referred to herein above does not in any way nullify or dilute the ratio as laid down in the case of Keshavji Karsondas v.CIT [1994] 207 ITR 737(Bom). The cost of acquisition can only be the cost on the date of the actual acquisition. In the present case there was no acquisition of the shares on 6.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Contracts Regulation Act, 1956 which is an essential ingredient for the applicability of Section-55(2) (aa-ii). No doubt, it may be a financial asset within the meaning of Section 55(2) (aa)(iiia). That provision however was brought into force subsequently and would not be applicable to the facts of the present case. 9. In the net result, the substantial questions of law as framed would not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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