Case LawsIncome Tax
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Classification of Mutual Fund Gains: affirmed as capital gains, clarifies tests distinguishing business income and scope of deemed dividends.
Classification of gains from mutual fund redemptions turns on intent, transaction frequency, holding period, accounting treatment and the factual matrix to determine capital gains versus business income. Distinguishing genuine capital contributions from transactions that function as distributions is essential before treating receipts as deemed dividends; absent characteristics of a loan or advance against profits, capital infusions should not be recharacterised as dividends.