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Section 43(5)(d) applicable only on derivatives trading (future & options) and not on share trading
Case Law Details
- Case Name
- ACE India Medical Systems Vs ACIT (ITAT Jaipur)
- 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 Jaipur
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Brief of the case:
In the case of ACE India Medical Systems Vs. ACIT Jaipur Bench of ITAT held that from the bare reading of the section 43 (5) (d) it is prima facie clear that Section 43(5)(d) is for trading in derivatives not trading of shares. The assessee claimed that it has traded shares through broker and through electronics mode, which comes U/s 43(5)(d) of the Act and shall not be deemed to be an speculative transaction. ITAT held that this is wrong interpretation of the section. Besides this other additions were also made by AO which were partly allowed by CIT (A). Both revenue as wel...
