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    <title>2013 (7) TMI 987 - ITAT PUNE</title>
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    <description>For tax purposes, forfeited share money credited to reserve was treated as a capital receipt and not taxable under section 41(1), because it arose from unpaid share capital rather than a waiver of business liability. Depreciation on government securities was allowed where the bank held them as part of banking stock-in-trade, since their true character depended on the facts and not merely on classification. Amortisation of premium on held-to-maturity government securities was also allowable as a business deduction, as the excess cost was spread over the remaining period to maturity under banking practice and regulatory guidance.</description>
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    <pubDate>Wed, 31 Jul 2013 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=179909</link>
      <description>For tax purposes, forfeited share money credited to reserve was treated as a capital receipt and not taxable under section 41(1), because it arose from unpaid share capital rather than a waiver of business liability. Depreciation on government securities was allowed where the bank held them as part of banking stock-in-trade, since their true character depended on the facts and not merely on classification. Amortisation of premium on held-to-maturity government securities was also allowable as a business deduction, as the excess cost was spread over the remaining period to maturity under banking practice and regulatory guidance.</description>
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