Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Whether dividend income of a trust was taxable by applying s.115BBDA depended on the scope of the Finance Act, 2016 amendments. The Tribunal held that the proviso to s.10(34) operates only in cases where s.115BBDA applies, and s.115BBDA expressly applies only to an individual, HUF, or firm, not to a trust. Consequently, the dividend remained exempt under s.10(34) in the hands of the trust, and the appellate authority's treatment of the dividend as taxable under s.115BBDA was contrary to law; the addition was deleted and the appeal was allowed. - ITAT
Whether dividend income of a trust was taxable by applying s.115BBDA depended on the scope of the Finance Act, 2016 amendments. The Tribunal held that the proviso to s.10(34) operates only in cases where s.115BBDA applies, and s.115BBDA expressly applies only to an individual, HUF, or firm, not to a trust. Consequently, the dividend remained exempt under s.10(34) in the hands of the trust, and the appellate authority's treatment of the dividend as taxable under s.115BBDA was contrary to law; the addition was deleted and the appeal was allowed. - ITAT
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