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    <title>2016 (5) TMI 269 - BOMBAY HIGH COURT</title>
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    <description>Units of mutual funds and bonds were held not to be shares for section 73 of the Income-tax Act because no statutory deeming fiction equated them with shares. The earlier Supreme Court ruling was distinguished: although it treated the Unit Trust of India as a deemed company and income from units as deemed dividend, it did not deem the units themselves to be shares. As the revenue&#039;s reliance on derivative case law did not apply, the loss could not be characterised as speculation loss, and the addition was unsustainable in favour of the assessee.</description>
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      <description>Units of mutual funds and bonds were held not to be shares for section 73 of the Income-tax Act because no statutory deeming fiction equated them with shares. The earlier Supreme Court ruling was distinguished: although it treated the Unit Trust of India as a deemed company and income from units as deemed dividend, it did not deem the units themselves to be shares. As the revenue&#039;s reliance on derivative case law did not apply, the loss could not be characterised as speculation loss, and the addition was unsustainable in favour of the assessee.</description>
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