Examine and state with brief reasons as to taxability or allowability or treatment to be given in each of the following independent cases while computing income under the head "Profits and gains from business or professi

CS Professional · Direct Tax Law & Practice · PYQS · December 2020
Examine and state with brief reasons as to taxability or allowability or treatment to be given in each of the following independent cases while computing income under the head "Profits and gains from business or profession" in the return of income for the assessment year 2020-2021: (iii) The amount of margin money forfeited by a bank on the failure of its constituents of not taking the delivery of the shares purchased by such bank on their behalf.

Answer & Explanation:

The bank is purchasing shares on behalf of the constituents, the forfeiture of margin money by the bank from the constituents for not paying the balance amount of purchase price and not taking delivery of shares purchased by the bank on their behalf is in the normal course of its banking business and hence, the forfeited amount is assessable as business income of the bank. The forfeited amount being revenue in nature cannot be adjusted against the purchase price of the shares. Supreme Court in the case of CIT vs. Lakshmi Vilas Bank Ltd., (1996) 220 ITR 305 has confirmed this view.

Topics: Income from Business or Profession

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