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july 2010

Supreme Court of India · 2010-07-06

C.I.T.,Mumbai vs M/S.Walfort Share & Stock Brokers P.Ltd

Citation / case number
2010 AIR SCW 4720
Court
Supreme Court of India
Petitioner
C.I.T.,Mumbai
Respondent
M/S.Walfort Share & Stock Brokers P.Ltd
Author
S. H. Kapadia
Bench
Swatanter Kumar, S. H. Kapadia

Judgment text excerpt

The Supreme Court held that losses arising from dividend stripping transactions prior to 1.4.2002 are disallowable under Section 94(7) of the Income Tax Act, 1961, as such losses are deemed artificial and not arising from genuine business transactions. The Court clarified that the intention behind the transaction must be scrutinized to determine its legitimacy, emphasizing that tax avoidance schemes cannot be recognized as valid business activities. The appeals by the C.I.T. were allowed, affirming the disallowance of the claimed losses.

C.I.T.,Mumbai vs M/S.Walfort Share & Stock Brokers P.Ltd · Niyam