Section 94 → Section 191
Avoidance of tax by certain transactions in securities (Dividend Stripping / Bonus Stripping)
Quick Answer
Section 94 of the Income Tax Act, 1961 (Avoidance of tax by certain transactions in securities (Dividend Stripping / Bonus Stripping)) corresponds to Section 191 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.
What changed for Section 94
Under the Income Tax Act, 1961, Section 94 governs avoidance of tax by certain transactions in securities (dividend stripping / bonus stripping). Prevents artificial loss creation by buying securities/units just before the record date (for dividend/bonus) and selling them immediately after.
The new code maps this to Section 191: the provision is retained and renumbered as Section 191 of the Income-tax Act, 2025, applying from 1st April 2026. Retained verbatim. Expanded explicitly to include bonus stripping in InvITs (Infrastructure Investment Trusts) and REITs.
On the ground, changes to Section 94 carry a High impact. Closes a major loophole used by HNIs and institutional investors.
Sec 94
Provision Summary
Prevents artificial loss creation by buying securities/units just before the record date (for dividend/bonus) and selling them immediately after.
Sec 191
Provision Summary
Retained verbatim. Expanded explicitly to include bonus stripping in InvITs (Infrastructure Investment Trusts) and REITs.
Key Changes & Highlights
- Brokerage AIS data automatically flags and disallows such artificial short-term capital losses in the portal.
Frequently Asked Questions
What does Section 94 of the Income Tax Act 1961 deal with?
Section 94 of the Income Tax Act, 1961 covers avoidance of tax by certain transactions in securities (dividend stripping / bonus stripping). Prevents artificial loss creation by buying securities/units just before the record date (for dividend/bonus) and selling them immediately after.
Where does Section 94 of the ITA 1961 go under the Income-tax Act, 2025?
Section 94 of the Income Tax Act, 1961 maps to Section 191 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Retained verbatim. Expanded explicitly to include bonus stripping in InvITs (Infrastructure Investment Trusts) and REITs.
Why does the change to Section 94 matter for taxpayers?
The transition impact for Section 94 is rated High. Closes a major loophole used by HNIs and institutional investors.
What are the key changes to Section 94 under the Income-tax Act, 2025?
Brokerage AIS data automatically flags and disallows such artificial short-term capital losses in the portal. These points are specific to Section 94 (Avoidance of tax by certain transactions in securities (Dividend Stripping / Bonus Stripping)).
Disclaimer: This mapping of Section 94 (Avoidance of tax by certain transactions in securities (Dividend Stripping / Bonus Stripping)) to Section 191 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 94 is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.
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