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Acit Range 1(1), Bhopal vs Aisect Ltd. , Bhopal on 28 June, 2021

j. It is settled position that statement taken on oath during survey or search will be treated as final for surrender undisclosed income. Reliance in this regards was placed on the judgments of Supreme Court in the case of Surjeet Singh Chhabra v UOI, Punjab & Haryana High Court in the case of Rakesh Mahajan vs CIT and Chennai bench of the ITAT in the case of DCIT v B.K.Muralikrishna.
Income Tax Appellate Tribunal - Indore Cites 25 - Cited by 0 - Full Document

Emerging India Focus Funds,Mauritius vs Acit, Circle Int. Taxation 1(2)(2), ... on 25 June, 2025

• Further, the Assessee submits that redemption of units of mutual fund cannot be considered as sale of shares of a company and hence, shall not be covered by Article 13(3)/ Article 13(3B) of India-Mauritius DTAA. 7 ITA No.1963/Del/2025The Income-tax Act itself recognizes shares of a company and units of a mutual fund differently - for example: section 2(42 A), section 111A, section 112, section 112 A, etc. • Further, under the Securities Contract (Regulation) Act, 1956, shares and mutual fund units are identified as separate securities. • The aforesaid view is also supported by Cochin Tribunal in the case of DCIT(IT) vs. K.E. Faizal [2019] 178 ITD 383 and Mumbai Tribunal in the case of ITO(IT) vs. Satish Beharilal Raheja [2013] 37 taxmann.com 296, wherein it has been held that mutual fund units (including equity oriented mutual funds) could not be considered as shares of companies and hence, gains arising on mutual fund units shall not be liable to tax in India under the relevant DTAA.
Income Tax Appellate Tribunal - Delhi Cites 37 - Cited by 0 - Full Document
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