Kingfisher Capital CLO Ltd. v. CIT (2019) 413 ITR 1/ 263 Taxman 198/ 308 CTR 537 / 177 DTR 225 (Bom.)(HC)/ Editorial : CIT (IT) v. Kingfisher Capital Clo Ltd. (2023)456 ITR 775 /294 Taxman 700 /334 CTR 9 (SC)

S. 115AC : Capital gains-Bonds–Global Depository-Foreign currency-Transfer of Shares covered by scheme—Computation of capital gains to be made under provisions of scheme—Subsequent Amendment of provisions in Income-tax Act is not applicable. [S.47(x), 49(2A), 264, Foreign Currency Exchangeable Bonds Scheme, 2008]

Allowing the petition the Court held that, the  revisional authority fell in clear error in taking assistance of the amendments made by the Finance Act, 2008. The assessee was right in urging that the cost of acquisition of the shares was to be determined with reference to the date of acquisition of the foreign currency convertible bonds. Thus the period for which the shares should be regarded as having been held by the assessee should also be reckoned from the date of acquisition. The second respondent failed to consider the scheme and therefore, once these clauses were included in the 1993 Scheme itself, then, they would govern the foreign currency convertible bonds related transactions to the extent the corresponding provisions are not made in the Act. The authority was not right in holding that the cost of acquisition of the shares as per clause 7(4) of the 1993 Scheme was not tenable. The Government of India notified Scheme effected from 1992 held the field and was the applicable one. The Foreign Currency Exchangeable Bonds Scheme, 2008 had equal status but was admittedly a later one. The computation made by the assessee was accurate and had to be accepted.