|DATE:||(Date of pronouncement)|
|DATE:||August 28, 2008 (Date of publication)|
Where the assessee had converted stock-in-trade into investments at their book value and later sold them and offered to tax the difference between the indexed book value and the sale proceeds as capital gains and the AO took the view that the difference between the book value and the FMV on the date of conversion had to be assessed as business income, Held:
(a) Section 45 (2) of the Act does not apply as it only deals with the reverse case;
(b) In the absence of a statutory provision, a rational basis has to be evolved to determine taxable profits;
(c) Of the two formulas available, the formula adopted by the assessee, i.e. of taking the difference between the indexed book value on the date of conversion and the sale proceeds as long-term capital gains, being beneficial to the assessee, should be adopted. No part of the gains can be assessed as business income.