15 April 2012
Mutual funds in India can not distribute income / dividend without paying tax U/s 115-R. Such dividend is exempt U/s 10(35)(a). . In case of investment in Equity Oriented Funds, the redemption or sale transactions are subject to Securities Transaction Tax and as such Gains/(Loss) arising as a result of such sale/redemption is exempt from tax if such units are sold after 1 year. (Section 10(38)).
Loss, being not forming part of income, is exempt and as such can not be c/fd. . Yes, you can adjust. .
17 April 2012
Dear Sir thank you for replying but i have not clearity
IDFC Mutual Fund purchased as on 29/08/2011 Rs.25 lakh and Redemption on dated : 06/03/2012 Rs.21.5 lakh Dividend received on 13/09/11, 03/10/11, 01/11/11, 2/12/11, 2/1/2012,2/2/12,2/3/2012 Total dividend Rs.5,80,000/- Loss on redemtion Rs.3,50,000/- (Sec.94(7) applicable?????)
Second ICICI Prud. short term plan purchase date:29/08/2011 and redemption 02/03/2012 no dividend was received but profit on redemption Rs.4,02,110/- AMC deduct TDS@30.9%
20 April 2012
When we compare the situation with the provisions of Section 94(7)- . 1. Point of time of Purchase : Within 3 months prior to record date... . To my view, as you have purchased the IDFC Mutual Fund units on 29/08/2011 and immediately you were in receipt of Dividend, it can be said that you have purchased units just 15 days before the record date. . Here, the date of dividend is being considered as the record date by me, however you may argue differently by justifying your contention with the help of any such date fixed by the company. . In the absence of any such date indicated by you, if we go according to the IT Act in the Explanation (aa) to Section 94, it has been clearly defined that record date means the date as may be fixed by the AMC for the purpose of entitlement of the holder of the units to receive income or additional unit without any consideration, as the case may be.
2. Selling within 9 months from the record date. This condition also gets satisfied. 3. The dividend received is exempt. . All the conditions of 94(7) are being satisfied and as such it will become applicable to your case. In such circumstances you are not eligible to claim STCL of Rs 350000/- as dividend received absorbs the loss. . However, if you can prove that the record date has been declared by the AMC after 3 months from the date of purchase of units , then 94(7) will not apply. .
20 April 2012
Thank you very much sir One more doubt about sec.94 (7), In case of mutual fund units, purchase within a period of 3 months prior to record date and sells such units within a period of 9 months after such record date. There are two conditions. – 1. Purchase within 3 Month prior to record date 2. Sell within 9 month after to record date
So I want to know that any one condition satisfy then sec.94 (7) will attract?? Or both the condition should be satisfying then sec.94 (7) will attract?? Please sir, light on it.
CAclubindia
