Judgements by Aditya Maheshwari
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Dividend Stripping before 2001
Aditya Maheshwari 13 October 2010 at 13:06
Pre S. 94(7) dividend stripping loss cannot be disallowed. Transaction cannot be ignored on ground that it is for tax-planning
S. 80HHC DEPB Special Bench judgement reversed
Aditya Maheshwari 13 October 2010 at 13:06
DEPB sale proceeds cannot be bifurcated into “profits” and “face value”. The entire amount is “profits” for s. 80HHC r.w.s. 28(iiid)
Special Bench declines to follow Samsung Electronics
Aditya Maheshwari 13 May 2010 at 15:53
S. 195 (1) TDS obligation does not arise if the payment is not chargeable to tax. Samsung Electronics not followed
Deals before 2006 were speculative, rules ITAT
Aditya Maheshwari 14 September 2009 at 13:27
All F & O transactions before 2006 to be held as speculative
Set off of losses under STCG
Aditya Maheshwari 14 September 2009 at 13:27
Set - off of short-term capital loss which has been subject to STT against short-term capital gains arising on off-market transactions including buy back / open offer, etc., which are not subject to STT
Derivatives will also fall within meaning of `commodity'
Aditya Maheshwari 14 September 2009 at 13:27
If it is held that the transaction in derivatives does not fall in section 43(5), it will make clause (d) and Explanation thereto below section 43(5) introduced by Finance Act, 2005 to be redundant.
Stock Exchange card NOT eligible for Dep
Aditya Maheshwari 14 September 2009 at 13:27
Stock Exchange card is NOT an intangible asset eligible for depreciation
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