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 Direct Tax Code 2025 (Income-tax Act, 2025), effective 1st April 2026. Status: Retained.
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 (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.
What is the new section number for Section 94 under the Direct Tax Code 2025?
Section 94 of the ITA 1961 maps to Section 191 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective from 1st April 2026.
What is the status of Section 94 under the new tax code?
Section 94 is marked as "Retained" with status "Active". Impact: High - Closes a major loophole used by HNIs and institutional investors.
What are the key changes to Section 94 under DTC 2025?
Brokerage AIS data automatically flags and disallows such artificial short-term capital losses in the portal.
Disclaimer: This page is for educational and reference purposes only. Section mappings are based on publicly available drafts and circulars. Always consult a qualified Chartered Accountant before filing or making compliance decisions under the Direct Tax Code 2025.
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