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Walfort Share & Stock Brokers

Supreme Court of India·2010·ITR
Facts

Loss on sale of units of mutual funds where the assessee had received dividend before sale (dividend stripping).

Issue

Whether such loss can be disallowed as artificial when arising from a legitimate business activity?

Held

The SC held the loss was allowable. Section 94(7) was specifically inserted to disallow such losses prospectively.

Ratio

Existing transactions cannot be retrospectively recharacterised as colourable.

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