https://www.taxtmi.com/caselaws?id=237301 The High Court upheld the Income Tax Appellate Tribunal's decision to allow the benefit under Section 43(5) proviso (d) for derivative transactions conducted before the notification date, emphasizing that administrative delays in issuing notifications should not penalize the assessee. The Court highlighted that the delay was due to administrative constraints and not the assessee's fault, distinguishing cases where delays were attributed to the company. The Court remitted the issue of the applicability of the Explanation to Section 73 back to the Tribunal for further examination and adjudication. en-us Fri, 06 Sep 2013 00:00:00 +0530 Sat, 07 Dec 2013 14:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=237301 The High Court upheld the Income Tax Appellate Tribunal's decision to allow the benefit under Section 43(5) proviso (d) for derivative transactions conducted before the notification date, emphasizing that administrative delays in issuing notifications should not penalize the assessee. The Court highlighted that the delay was due to administrative constraints and not the assessee's fault, distinguishing cases where delays were attributed to the company. The Court remitted the issue of the applicability of the Explanation to Section 73 back to the Tribunal for further examination and adjudication. Case-Laws Income Tax Fri, 06 Sep 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=237301