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Deemed Dividend Classification Automatically Triggers Section 10(34) Exemption: ITAT Mumbai
Case Law Details
- Case Name
- Navroze Shiamak Marshall Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-09
- Courts
- All ITAT, ITAT Mumbai
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Navroze Shiamak Marshall Vs ITO (ITAT Mumbai)
Revenue Itself Treated It as Deemed Dividend – Then Exemption u/s 10(34) Must Follow- Mumbai ITAT Deletes Tax on Share Buyback
n an interesting and significant ruling, the Mumbai ITAT held that where the Revenue itself treats consideration received on buyback/reduction of share capital as deemed dividend u/s 2(22)(d), the consequential exemption u/s 10(34) cannot be denied to the shareholder.
The assessee had purchased shares of Spirax Marshall Pvt. Ltd. in March 2006 and sold them back to the company under a scheme of arrang...




