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2018 (9) TMI 463

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....rt Dhruva, Mr. Prakash Shinde, Mr. Chirag Bhavsar I/b M/s MDP For The Respondent : Mr. Gaurav Joshi, Senior Counsel alongwith Mr. T. Francis, Mr. Vivek Shah I/b M/s Economic Laws Practice Mr. Jehangir Mistry, Senior Counsel alongwith Mr. Sachin Chandarana and Mr. Ujwal Trivedi I/b M/s. Manilal Kher Ambalal & Co. And Mr. Anil Kumar Singh, ASG, alongwith Mr. Parag Vyas and Mr. Suresh Kumar ORDER ....

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....nt No.2 had reserved the right to recover such additional STT from the members effective from the date as may be notified by the CBDT. 3] It was the grievance of the Petitioner that there was some anomaly with regard to STT payable on future transactions. It was their grievance that, in the event, CBDT in future comes with a policy that rate of STT on such transaction is higher than what is provi....

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....e is taken on record and marked "X" for the purpose of identification. It will not be necessary to refer to entire communication. Suffice it will be to refer to para 4 of the said communication, which reads thus: "4. In a nutshell, CBDT is of the view that where a derivative contract is being settled by physical delivery of shares, the transaction would not be any different from transaction in e....

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....transactions. It has been clarified that the rate of both the transactions would be the same. 7] We find that the clarification from CBDT takes care of the situation. Once CBDT has clarified the position, all stake holders including Respondent No.2 and the members of the Petitioner - Association are now aware as to what is the amount of STT payable on the transactions which are subject matter of ....