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2022 (11) TMI 115 - AT - Income TaxTreating the dividend income as not exempt u/s.10(34) - whether the ld. CIT(A) was justified in not allowing the loss claimed by the assessee in the year under consideration? - HELD THAT - From the perusal of of Section 10(34) we find that the second proviso is incorporated only from 01/04/2021 i.e. commencing from A.Y.2021-22 onwards which categorically states that dividends received on or after 01/04/2020 alone would be subjected to tax. In the instant case, admittedly dividend has been received by the assessee during the F.Y.2019-20 relevant to A.Y.2020-21. Hence, there is no case for taxing the said dividend income during the year under consideration. Accordingly, we direct the AO to treat the dividend income as exempt u/s.10(34) of the Act. The assessee s claim of loss for the year would be eligible to carry forward to subsequent years. Accordingly, the grounds raised by the assessee are allowed.
Issues:
Whether the dividend income should be treated as exempt under section 10(34) of the Income Tax Act for the relevant assessment year and whether the loss claimed by the assessee should be allowed for carry forward. Analysis: The appeal in ITA No.1884/Mum/2022 for A.Y.2020-21 pertains to the treatment of dividend income and the allowance of claimed losses. The primary issue revolves around the justification of the ld. CIT(A) in considering the dividend income as 'not exempt' under section 10(34) of the Act for the relevant assessment year. Additionally, an interconnected issue is whether the ld. CIT(A) was correct in disallowing the claimed loss by the assessee for the same assessment year. Upon review of the facts and submissions, it was noted that the assessee had initially filed its return of income for A.Y.2020-21, declaring a loss to be carried forward. However, during the processing of the return, the CPC treated the dividend income as taxable, resulting in a conversion of the loss into income. Subsequently, the assessee filed a rectification application under section 154 of the Act, which was dismissed by the CPC. The appeal was then made to the ld. CIT(A), who upheld the CPC's decision to tax the dividend income and not allow the claimed loss. The tribunal examined the provisions of Section 10(34) of the Act, as amended by the Finance Act, 2020, applicable from A.Y.2021-22 onwards. It was highlighted that the second proviso, which specifies the taxation of dividends received after 01/04/2020, was only effective from 01/04/2021 onwards. Since the dividend in question was received during the F.Y.2019-20 relevant to A.Y.2020-21, the tribunal directed the ld. AO to treat the dividend income as exempt under section 10(34) of the Act. Consequently, the tribunal ruled in favor of the assessee, allowing the claim of loss amounting to Rs.1,40,712 for the assessment year, thereby enabling its carry forward to subsequent years. Thus, the grounds raised by the assessee were upheld, and the appeal was allowed. In conclusion, the judgment by the Appellate Tribunal ITAT Mumbai addressed the issues concerning the treatment of dividend income and the allowance of claimed losses under the Income Tax Act for the relevant assessment year, ultimately ruling in favor of the assessee based on the interpretation of statutory provisions and relevant timelines.
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