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Monday, December 22, 2014

Dividend on shares held as stock is taxable as income from other sources

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Income Tax Appeal No. 3 of 2003
Sangam Investments Limited
The Commissioner of Income Tax, Allahabad.
Dated: 03.09. 2014
Hon.Tarun Agarwala, J.
Hon. Dr. Satish Chandra, J.

it is immaterial whether the shares are held by the appellant as stock-in-trade. The dividend income derived from these shares is specifically chargeable under the head “Income from other sources”. Consequently, it is immaterial whether the appellant is a dealer or a trader and caries on business of purchase and sale of shares. We find that the Tribunal after relying upon the decisions of the Bombay High Court in Commissioner of Income-Tax, Bombay City-II Vs. D.G.Goenka, 1981 ITR (129), 260 and of the Gujarat High Court in additional Commissioner of Income-Tax Vs. Laxmi Agents P.Ltd.,1980 ITR (125), 227 had rightly come to the conclusion that the dividend income arrived at by the appellant was chargeable under the head “Income from other sources”. 

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