Ex Japan) Analyst Fund (2014) 61 SOT 277 and Capital International Emerging Markets Funs v. DIT

145 ITD 491Income Tax Appellate Tribunal2013#9612 most cited
11

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Sections most often in play

Section 143(1)Section 154Section 199Section 61Section 63Section 70Section 80GSection 111A

Issues it is cited on

section 70(2)section 110section 111asection 112section 111section 70section 48section 45short term capital gainlong term capital gainsection 11section 25

Judgments citing Ex Japan) Analyst Fund (2014) 61 SOT 277 and Capital International Emerging Markets Funs v. DIT

DIVYA DINESH ,BENGALURU vs. DCIT, CIRCLE-7(1)(1), BANGALORE

ITA 2195/BANG/2025[2021-22]Status: DisposedITAT Bangalore24 Feb 2026AY 2021-22

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

Section 115BSection 143(1)Section 154Section 250Section 80G

…ny other capital asset. The law does not restrict such set off merely because different rates of tax apply. The assessee further relied on judicial decisions, including Mumbai Tribunal decision in case of Capital International Emerging Market Fund reported in 145 ITD 491 and in case of Fidelity Investment Trust reported in 36 SOT 22, wherein it was held that short term capital loss arising from STT-paid transactions is allowable to be set off against other capital gains, even if taxed at different rates. 6.5 The assessee therefore argued that it was legally entitled to set off the short-term capital loss of Rs. 1…

DIVYA DINESH ,BENGALURU vs. DCIT, CIRCLE-7(1)(1), BANGALORE

In the result appeal of the assessee is allowed

ITA 2194/BANG/2025[2019-2020]Status: DisposedITAT Bangalore24 Feb 2026AY 2019-2020

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Sudheendra B.R, AdvocateFor Respondent: Shri Balusamy N, JCIT
Section 115BSection 143(1)Section 154Section 250Section 80G

…ny other capital asset. The law does not restrict such set off merely because different rates of tax apply. The assessee further relied on judicial decisions, including Mumbai Tribunal decision in case of Capital International Emerging Market Fund reported in 145 ITD 491 and in case of Fidelity Investment Trust reported in 36 SOT 22, wherein it was held that short term capital loss arising from STT-paid transactions is allowable to be set off against other capital gains, even if taxed at different rates. 6.5 The assessee therefore argued that it was legally entitled to set off the short-term capital loss of Rs. 1…

SUKHPAL SINGH AHLUWALIA,MUMBAI vs. ITO (INTERNATIONAL TAXATION) WARD 1(1)(1), MUMBAI

In the result, appeal of assessee is partly allowed

ITA 4139/MUM/2023[2019-20]Status: DisposedITAT Mumbai27 May 2024AY 2019-20

Bench: Shri Prashant Maharishi, Am & Shri Raj Kumar Chauhan, Jm Income Tax Officer Sukhpal Singh Ahluwalia (International Tax) Ward 6/24, Milan Building, 1(1)(1), 87, Tardeo Road, Room No.1817A, 18 Th Vs. Opp. Tardeo A C Market, Floor, Air India Building, Mumbai-400 034 Nariman Point, Mumbai-400 021 (Appellant) (Respondent) Pan No. Azupa6884D Assessee By : Shri Rashmikant C. Modi & Ms. Ketki Rajeshirke, Ars Revenue By : Shri Soumendu Kumar Sash, Dr Date Of Hearing: 18.04.2024 27.05.2024 Date Of Pronouncement :

For Appellant: Shri Rashmikant C. Modi &For Respondent: Shri Soumendu Kumar Sash, DR
Section 112Section 115CSection 143Section 144C(5)Section 254Section 45Section 48Section 74

…dinate bench has decided this issue in favour of the assessee that difference in tax rates cannot disentitle assessee from setting of losses if otherwise allowable. In Capital International Emerging Markets Fund[2013] 37 taxmann.com 45 (Mumbai - Trib.)/[2013] 145 ITD 491 ( Mum) it is held as under :- Sukhpal Singh Ahluwalia; A.Y. 2019-20 “3.2 We have heard the rival submissions and perused the material. We find that identical issue was decided in the favour of the assessee by the Tribunal in the case of DWS India Equity Fund (supra) in following manner : "5.We have perused the records and considered the rival co…

ACIT CIRCLE-2 (1)(1), MUMBAI vs. YOGIRAJ JAICHAND MAKER, MUMBAI

In the result, appeal by the Revenue is dismissed

ITA 6268/MUM/2019[2014-15]Status: DisposedITAT Mumbai21 Apr 2022AY 2014-15

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri B.V. JhaveriFor Respondent: Shri Hoshang B. Irani
Section 143(3)Section 250Section 70(2)Section 70(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA No.6268/Mum./2019 (Assessment Year : 2014–15) Asstt. Commissioner of Income Tax ……………. Appellant Circle–2(1)(1), Mumbai v/s Yogiraj Jaichand Makar (By Legal Heir Puneet Y. Makar) 121–A, Embassy Apartment ……………. Respondent Napeansea Road, Mumbai 400 026 PAN – AAHPM3724E Assessee by : Shri B.V. Jhaveri Revenue by : Shri Hoshang B. Irani Date of Hearing – 07.03.2022 Date of Order – 21/04/2022 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The present appeal…

DCIT(IT)-2(1)(2),, MUMBAI vs. M/S. DAL CHI LIFE INSURANCE COMPANY LTD.,, MUMBAI

In the result, the appeal is dismissed in the terms indicated above

ITA 590/MUM/2019[2015-16]Status: DisposedITAT Mumbai27 May 2020AY 2015-16
For Respondent: March 3rd, 2020
Section 143(3)Section 70Section 70(2)Section 74Section 94(7)

…rket Equity Fund ITA No. 3150/Mum/2009, ACIT Vs. M/s. T. Rowe Price International Discovery Fund ITA no. 7627/Mum/2011, HSBC Global Investment Funds, Bric Markets Fund Vs/ DDIT ITA no. 9034/Mum/2010, Capital International Emerging Markets Fund Vs/ DDIT [2013] 145 ITD 491 (Mum), GSB Capital Markets Ltd. Vs DCIT [2016] 156 ITD 770 (Mum) and CIT Vs. Vegetable Product Ltd. [1973] 88 ITR 192(SC). Learned Departmental Representatives has fairly accepted this position and could not point any reason as to why we should deviate from these decisions, even though she relied upon the stand of the Assessing Officer. Respectfu…

ACTION FINANCIAL SERVICES INDIA LTD,MUMBAI vs. ACIT 4(1), MUMBAI

In the result this appeal by the assessee stands allowed for statistical purposes

ITA 1823/MUM/2012[2008-09]Status: DisposedITAT Mumbai03 May 2017AY 2008-09

Bench: Shri Shamim Yahya & Shri Ravish Sood

For Appellant: Shri. K. ShivaramFor Respondent: Shri. Rajesh Kumar Yadav
Section 14Section 14ASection 48

…al order or manner which is most beneficial to assessee, relying on the Circular o. 26 (LXVGI-3 of 1955 dated 7- 7-1955) (A.Y.2005-06) The ratio of this case would also be applicable to Section 74. Capital International Emerging Markets Fund v. Dy. DIT (2013) 145 ITD 491 (Mum.)(Trib.) (497) (Para 3.2) Action Financial Services India Ltd., ITA no.1823/Mum./2012 The Tribunal held merely because two set of transactions are liable for different rate of tax, it cannot be said that income from these transactions does not arise from similar computation, particularly when computation in both cases has to be made in simi…

VEMF-A.LP,MUMBAI vs. DCIT (IT) 4(3)(1), MUMBAI

ITA 6727/MUM/2016[2012-13]Status: DisposedITAT Mumbai10 Apr 2017AY 2012-13

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2012-13

For Appellant: Mr. Arvind Sonde, ARFor Respondent: Mr. B.S. Bist, DR
Section 111ASection 115ASection 143(3)Section 70

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “F” MUMBAI BEFORE SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) Assessment Year: 2012-13 VEMF – A, LP Vs. DCIT (IT) 4(3)(1) BMR House, 36B, 16th Floor, R. No. 1611 Dr. R.K. Shirodkar Marg, AIR India Bldg., Nariman Point Parel, Mumbai – 400012 Mumbai - 400021 PAN No. AAAAV4854G (Appellant) (Respondent) Assessee by : Mr. Arvind Sonde, AR Revenue by: Mr. B.S. Bist, DR Date of Hearing : 05/04/2017 Date of pronouncement: 10/04/2017 ORDER PER N.K. PRADHAN, AM This is an appeal filed by the assessee. The relevant assessment yea…

DCIT, CIR-12, KOLKATA, KOLKATA vs. M/S THE DIAMOND COMPANY LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 326/KOL/2014[2009-10]Status: DisposedITAT Kolkata24 Aug 2016AY 2009-10

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2009-10

Section 111ASection 143(2)Section 143(3)Section 14ASection 2(14)

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “A” KOLKATA Before Shri Waseem Ahmed, Accountant Member and Shri S.S.Viswanethra Ravi, Judicial Member Assessment Years:2009-10 DCIT, Circle-12, M/s The Diamond Co.Ltd. बनाम / P-7, Chowringhee 707, Central Plaza, 2/6 V/s. Square, Aayakr Sarat Bose Road, Bhawan, 7th Floor, Kolkata-700 020 Kolkata-700 069 [PAN No.AAACT 9733 G] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Sallong Yaden, Addl-CIT-DR अपीलाथ" क" ओर से/By Appellant Shri P.R.Kothari, FCA ""यथ" क" ओर से/By Respondent 03-08-2016 सुनवाई क" तार"ख/Date of Hearing 24-08-2016 घोषणा क" तार"ख/Date of Pronoun…

DARASHAW & COMPANY P.LTD,MUMBAI vs. ADDL CIT RG 4(1), MUMBAI

The appeal of the Revenue is dismissed

ITA 311/MUM/2014[2009-10]Status: DisposedITAT Mumbai14 Jun 2016AY 2009-10

Bench: Shri Joginder Singh & Shri Ashwani Taneja

Section 14A

…/- is concerned, this ground is covered in favour of the assessee by the decision of the Mumbai Bench of the Tribunal in the case of ADIT vs Legg Mason Sia (Ex Japan) Analyst Fund (2014) 61 SOT 277 and Capital International Emerging Markets Funs vs DIT (2013) 145 ITD 491 (Mum.) (ITAT) (Para 3.2). Thus, this ground of the assessee is allowed. 5. The next ground i.e. ground no. 4 was not pressed by the assessee, therefore, it is dismissed as not pressed. The appeal of the assessee is partly allowed. ITA No. 311, 312, 1470 & 1471/Mum/2014 5 M/s Darashaw & Co. Pvt. Ltd 6. In the appeal of the Revenue (ITA No.1471/…

DCIT 4(1), MUMBAI vs. DARASHAW & CO. P.LTD, MUMBAI

The appeal of the Revenue is dismissed

ITA 1470/MUM/2014[2009-10]Status: DisposedITAT Mumbai14 Jun 2016AY 2009-10

Bench: Shri Joginder Singh & Shri Ashwani Taneja

Section 14A

…/- is concerned, this ground is covered in favour of the assessee by the decision of the Mumbai Bench of the Tribunal in the case of ADIT vs Legg Mason Sia (Ex Japan) Analyst Fund (2014) 61 SOT 277 and Capital International Emerging Markets Funs vs DIT (2013) 145 ITD 491 (Mum.) (ITAT) (Para 3.2). Thus, this ground of the assessee is allowed. 5. The next ground i.e. ground no. 4 was not pressed by the assessee, therefore, it is dismissed as not pressed. The appeal of the assessee is partly allowed. ITA No. 311, 312, 1470 & 1471/Mum/2014 5 M/s Darashaw & Co. Pvt. Ltd 6. In the appeal of the Revenue (ITA No.1471/…

GSB CAPITAL MARKETS LTD,MUMBAI vs. DCIT RG 4(1), MUMBAI

In the result, appeal of the revenue is dismissed

ITA 307/MUM/2014[2010-11]Status: DisposedITAT Mumbai16 Dec 2015AY 2010-11

Bench: Shri Amit Shukla & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 307/Mum/2014 ("नधा"रण वष" / Assessment Year : 2010-11)

For Respondent: Shri Rajesh Ojha
Section 143(2)Section 143(3)Section 48Section 70(3)Section 74(1)Section 74(1)(a)

…s incurred on transfer of short-term capital asset against the capital gain’s earned during the year. The Ld. Counsel of the assessee company relied upon the decision of the Tribunal in the case of Capital International Emerging Market Fund v. DDIT(IT) (2013) 145 ITD 491(Mum. Trib.) to contend that merely because two set of transaction are liable for different rate of tax, it does not mean that these transaction does not arise from similar computation as contended by the authorities below. The Ld. Counsel also drew our attention to circular no 8 of 2002, dated 27-08-2002 issued by CBDT which ITA 307/M/14 6 is e…