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    <title>2023 (12) TMI 341 - ITAT AHMEDABAD</title>
    <link>https://www.taxtmi.com/caselaws?id=446657</link>
    <description>The dominant issue was whether s.115BBDA could be applied, via rectification under s.154, to dividend income received from mutual funds. The ITAT held that s.115BBDA imposes a special tax rate only on dividend from domestic companies exceeding the statutory threshold, with exemption linked to s.10(34), whereas mutual fund dividend falls under s.10(35); documentary evidence substantiated the nature of the receipts. Accordingly, treating mutual fund dividend as taxable under s.115BBDA was a patent mistake apparent from the record, and the refusal to rectify (without addressing the taxpayer&#039;s contention) was unsustainable; the adjustment taxing such income at 10% was directed to be deleted and the appeal was allowed.</description>
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    <pubDate>Wed, 06 Dec 2023 00:00:00 +0530</pubDate>
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      <title>2023 (12) TMI 341 - ITAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=446657</link>
      <description>The dominant issue was whether s.115BBDA could be applied, via rectification under s.154, to dividend income received from mutual funds. The ITAT held that s.115BBDA imposes a special tax rate only on dividend from domestic companies exceeding the statutory threshold, with exemption linked to s.10(34), whereas mutual fund dividend falls under s.10(35); documentary evidence substantiated the nature of the receipts. Accordingly, treating mutual fund dividend as taxable under s.115BBDA was a patent mistake apparent from the record, and the refusal to rectify (without addressing the taxpayer&#039;s contention) was unsustainable; the adjustment taxing such income at 10% was directed to be deleted and the appeal was allowed.</description>
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      <pubDate>Wed, 06 Dec 2023 00:00:00 +0530</pubDate>
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