Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Dividend stripping on mutual fund units: the ITAT held that dividend could not be treated as a return of capital or deducted from cost of acquisition without a specific statutory basis. Section 94's anti-dividend stripping rule applies only when its conditions are cumulatively satisfied; here, the required purchase and sale timing conditions were not both met, so the provision was inapplicable. General survey findings and alleged SEBI violations, without material linking the assessee to manipulation, did not justify branding the transaction as sham. The addition was deleted on merits.
Dividend stripping on mutual fund units: the ITAT held that dividend could not be treated as a return of capital or deducted from cost of acquisition without a specific statutory basis. Section 94's anti-dividend stripping rule applies only when its conditions are cumulatively satisfied; here, the required purchase and sale timing conditions were not both met, so the provision was inapplicable. General survey findings and alleged SEBI violations, without material linking the assessee to manipulation, did not justify branding the transaction as sham. The addition was deleted on merits.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
