Avoidance of tax by securities transactions: interest or dividend can be deemed the original owner's income despite transfer. Section 175 deems interest or dividend receivable by a person other than the owner, following sale and reacquisition or acquisition of similar securities, to be the owner's income; caps liability to that on a buyback; treats income as owner's where beneficial interest holders receive none or less than accrual; allows proof to the Assessing Officer to rebut avoidance; exempts ordinary dealers from counting such transactions in business income; empowers the Assessing Officer to seek records; and ignores specified losses around record date entitlements, with ignored losses treated as cost of additional securities.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Avoidance of tax by securities transactions: interest or dividend can be deemed the original owner's income despite transfer.
Section 175 deems interest or dividend receivable by a person other than the owner, following sale and reacquisition or acquisition of similar securities, to be the owner's income; caps liability to that on a buyback; treats income as owner's where beneficial interest holders receive none or less than accrual; allows proof to the Assessing Officer to rebut avoidance; exempts ordinary dealers from counting such transactions in business income; empowers the Assessing Officer to seek records; and ignores specified losses around record date entitlements, with ignored losses treated as cost of additional securities.
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