Rajalben Hirenbhai Patel v. DCIT (2023) 108 ITR 67 (SN/ [2024]204 ITD 674(SMC) (Ahd ) ( Trib)

S.10(35): Units of mutual fund – Dividend Mutual Funds – Dividend income earned cannot be subject to tax .[S. 115BBDA, 154 ]

 

The CPC rejected the rectification application of the assessee on ground that the assessee had earned dividend income from mutual funds during the year which were exempt from taxation u/s 10(35).  On appeal the Tribunal held that it was clear from a bare reading of provisions of sections 115BBDA levies special rate of tax only on dividend income earned from domestic companies if exceeding Rs. 10lakhs . Accordingly directed the CPC to allow the   rectification application filed by the assessee  and allow the exemption . (AY. 2018-19)

 

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