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Supreme Court To Examine Challenge To Securities Transaction Tax

A trader's petition claims the levy violates fundamental rights by taxing transactions irrespective of profit.

Overview

  • A bench of Justices J.B. Pardiwala and K.V. Vishwanathan issued notice to the Union government, returnable in four weeks.
  • The writ, Aseem Juneja v. Union of India (W.P.(C) No. 657/2025), seeks a ruling that STT is unconstitutional under Articles 14, 19(1)(g) and 21.
  • The petition asserts double taxation because traders pay capital gains tax on profits while also paying STT on each exchange trade.
  • As alternative relief, the plea asks that STT paid during a year be adjusted against capital gains tax liability in a manner akin to TDS.
  • STT was enacted under the Finance Act, 2004 to curb stock‑market tax evasion, with the petition citing a 0.1% rate on both buy and sell sides for delivery trades.