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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)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2008-09
Advertisement 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...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,045

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