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AIS/Form 10DB Mismatch Rejected as Basis for Taxing Agent on Trading Profits

Case Law Details

Case Name
ITO Vs Oval Investment Pvt. Ltd (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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ITO Vs Oval Investment Pvt. Ltd (ITAT Delhi) AIS/Form 10DB Mismatch Not Conclusive- Share & F&O Profits Taxable Only in Real Owner’s Hands- Commission Agent Cannot Be Taxed on Principal’s Trading Income  dismissed the Revenue’s appeal and upheld deletion of additions aggregating to ₹4.13 crore, holding that share trading, F&O and dividend income belonged to the principal (M/s RKS Distributors Pvt Ltd) and not to the assessee, who merely acted as an agent/manager. Assessee-company had declared a small loss. During scrutiny, AO treated profits from equity trading, F&...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,494

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