STT as expense allowed

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Vipin Kumar Garg (Querist)
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01 August 2009 hi Friend -whetehr securities transaction tax & Service tax & Stamp duty paid on sale or pur. of shares are allowed as an expense. plz help me

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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01 August 2009 Union Budget 2008, has amended the provision of getting Rebate U/s 88E. The amendment discontinues the provision and allows the amount paid as STT to be deducted U/s 36. This means the STT paid, which was earlier getting deducted from Tax, will now be deducted from the income before tax calculation.
This is applicable from F.Y 2008-09.
The summary of the finance bill on this matter is as below:
Rationalization of provision of Securities Transaction Tax
Section 98 of Chapter VII of Finance (No.2) Act, 2004, provides for charge of securities transaction tax (STT). It is provided that in the case of sale of a derivative, where the transaction of such sale is entered into in a recognized stock exchange, the securities transaction tax will be at the rate of 0.017 per cent and will be payable by the seller.
It is proposed to amend section 98 and 99 so as to provide that,
(i) in case of sale of an option in securities, STT shall be levied at the rate of 0.017 per cent of the option premium and shall be paid by the seller;
(ii) in case of sale of an option in securities, where option is exercised, STT shall be levied at the rate of 0.125 per cent of settlement price and shall be paid by the purchaser; and
(iii) in case of sale of a futures in securities, STT shall be levied at 0.017 per cent and shall be payable by the seller.
This amendment will take effect from 1st June, 2008.
At present, the amount of STT paid is allowed as rebate under section 88-E of the Income-tax Act. This rebate is allowed when the income from taxable securities transactions is included under the head ‘profits and gains of business or profession’.
It is proposed to discontinue the rebate available to such assessee under section 88-E of the Income-tax Act. Hence, no rebate under section 88E shall be allowed to the assessee in, or after, the assessment year beginning on the 1st day of April, 2009.
This amendment will take effect from 1st April, 2008.
Further, it is proposed that any amount of securities transaction tax paid by the assessee during the year in respect of taxable securities transactions entered into in the course of business shall be allowed as deduction under section 36 of the Income-tax Act subject to the condition that such income from taxable securities transactions is included under the head ‘profits and gains of business or profession’.
This amendment will take effect from 1st April, 2009 and will accordingly apply in relation to assessment year 2009-10 and subsequent assessment years.
i.e STT ia allowed as expense u/s 36

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