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TMI Blog2014 (10) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... ircumstances of the case and in law, the ld CIT (A) erred in directing to exclude short term capital gains for the purpose of calculating "average rage of tax" for determining rebate u/s. 88E of the I.T.Act, without appreciating the fact that such method of computation is contrary to legislative intent as in such a situation, the tax rate would always be the rate applicable to the business profit only. i.e. maximum marginal rate of taxation" not appreciating the fact that for the purpose of Clause(iii) of Explanation 1 to Section 115JB, eligibility for deduction is to be considered on year to year basis" 2. On the facts and in the circumstances of the case and in law, the CIT(A) erred in not appreciating that the A.O. had rightly computed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o STT (596325/- @ 33.65%) 2,00,663 Lower of Two 2,00,663 4. The learned Departmental Representative submitted that, if short term capital gain is to be excluded for the purpose of average rate of tax, then the tax rate would always be the rate applicable to the business profit only, i.e., maximum marginal rate of taxation. He thus submitted that the short term capital gain cannot be excluded for the purpose of calculation of average rate of tax as given in section 88E. 5. Before us, the learned counsel submitted that the security transaction tax is a method of tax collection at the point of transaction. The purpose of providing rebate under section 88E is to give credit of such taxes which has already been pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transaction tax paid by him in respect of the taxable securities transactions entered into in the course of his business during that previous year : Provided that no deduction under this sub-section shall be allowed unless the assessee furnishes along with the return of income, evidence of payment of securities transaction tax in the prescribed form : Provided further that the amount of deduction under this sub-section shall not exceed the amount of income-tax on such income computed in the manner provided in sub- section (2). (2) For the purposes of sub-section (1), the amount of income-tax on the income arising from the taxable securities transactions, referred to in that sub-section, shall be equal to the amount calculated by apply ..... X X X X Extracts X X X X X X X X Extracts X X X X
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