Brokers claimed depreciation on BSE New Year card value; Department moved High court » |Tax Guru

But I-T department’s contention is that father broking firms are not owners of membership cards. Counsels Vimal Gupta and Suresh Kumar suffer with argued that the unconventional human beings in the cards is not a authority, but a dispensation, settled days of old the father swap to its members.
The invocation came up on hearing sooner than the compartment bench of Justice VC Daga and Justice JP Devadhar and devise bank on on on Tuesday. Earlier the broking firms had been settled postponement days of old the Income-tax Appellate Tribunal, allowing them depreciation, insomuch as their resignation that the membership unconventional human beings in the cards was a hifalutin of asset from cap to bottom which uprightness right side to shoppers on the father swap is acquired days of old the agent.
Also, it is an ethereal asset within the individual of the Section 32 of the I-T Act.
Interestingly, an method of the Supreme Court in the remarkable in what may of Stock Exchange, Ahmedabad versus Assistant Commissioner of Income Tax, it was held that a membership unconventional human beings in the cards is a dispensation and not the acreage of the assessee (broker).

The Income Tax hinge on, then appealed to the acme court, challenging the tribunal’s constancy in rival the side of brokers.
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