Tax planning is valid. As McDowell (5 judges) has been explained in Azadi Bachao (2 judges), the latter is binding

Porrits & Spencer (Asia) Vs CIT (Punjab & Haryana High Court) The assessee purchased US- 64 Units of the UTI in May 1990 for Rs. 3.75 crs, received dividend thereon of Rs. 45 lakhs and sold the units in July 1990 for Rs. 3.25 crs. The assessee claimed that deduction u/s 80M was available on the dividend and that a short-term capital loss of Rs. 51.61 lakhs on purchase and sale of units was allowable. The AO, CIT (A) and Tribunal took the view that the loss was not allowable by relying on McDowell vs. CTO 154 ITR 148 (SC) on the ground that though the transactions were genuine, they wer...