India: General anti-abuse rule (GAAR) did not apply to taxpayer’s capital loss (High Court decision)
GAAR did not apply merely because shares purchased and sold in same year.
The Telangana High Court held that the general anti-avoidance rule (GAAR) under the Income-tax Act, 1961 did not apply to the taxpayer’s recognition of a capital loss on shares of an Indian company purchased and sold within the same financial year.
The court based its decision on the following facts: (1) the transactions were conducted through the stock exchange using a demat account, (2) the shares formed part of the taxpayer’s investment portfolio, and (3) there was no evidence of any impermissible arrangement to avoid tax. The court found that the GAAR provisions were not applicable merely because of the timing of the purchase and sale of shares.
The case is: Anvida Bandi v. DCIT
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