Ltd. vs. ADIT (2009) (132 TTJ 218); Fidelity Investment Trust Fidelity Overseas Fund v. ADIT

36 SOT 22Income Tax Appellate Tribunal#20607 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2026.

Sections most often in play

Section 143(1)Section 154Section 199Section 61Section 63Section 80GSection 111ASection 37BA

Judgments citing Ltd. vs. ADIT (2009) (132 TTJ 218); Fidelity Investment Trust Fidelity Overseas Fund v. ADIT

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

…rely 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. 16,28,978 against long term capital gains as claimed in the return…

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

…rely 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. 16,28,978 against long term capital gains as claimed in the return…

DCIT 1(1)(2), Mumbai vs. Housing Development Finance Corporation Ltd, Mumbai

In the result the appeal filed by the revenue is dismissed

ITA 6397/MUM/2016[2006-07]Status: DisposedITAT Mumbai19 Jun 2018AY 2006-07

Bench: Shri G.S. Pannu & Shri Pawan Singhdcit -1(1)(2), M/S Housing Development Finance 579, Aayakar Bhavan, Corporation Ltd., Ramon House, M.K. Road, Mumbai-20 Vs. H.T. Parekh Marg, 169-Backbay Reclamation, Mumbai-400020. Pan: Aaach0997E Appellant Respondent Cross Appeal No.44/Mum/2018 (Assessment Year 2006-07) M/S Housing Development Dcit -1(1)(2), Finance Corporation Ltd., 579, Aayakar Bhavan, M.K. Ramon House, H.T. Parekh Vs. Road, Mumbai-20 Marg, 169-Backbay Reclamation, Mumbai-400020. Pan: Aaach0997E Appellant Respondent Appellant By : Dr. Narender Kumar (Cit-Dr) Respondent By : Shri Nitesh Josh With Jayesh Desai (Ar) Date Of Hearing : 19.06.2018 Date Of Pronouncement : 19.06.2018 Orderunder Section 254(1)Of Income Tax Act Per Pawan Singh;

For Appellant: Dr. Narender Kumar (CIT-DR)For Respondent: Shri Nitesh Josh with Jayesh Desai (AR)
Section 154Section 254(1)

…n of Mumbai Tribunal in First State Investments (Hongkong) Ltd. v. ADIT [2009] (33 SOT 26), (Mum ITAT), Fidelity Investment Trust Fidelity Overseas Fund v. ADIT [2010] 2 ITA No. 6397Mum 16 & C.O. 44/M/18 M/s Housing Development Finance Corporation Ltd. (36 SOT 22) (Mum ITAT), ADIT v. Legg Mason Asia (Ex Japan) Analyst Fund [2013] 38 taxmann.com 12 (Mum Trib.) held that the ratio laid down in the decisions the assessee is entitled for set off of Short Term Capital Loss (STT paid) against STCG (non-STT paid), transaction as computed during the year and directed the Assessing Officer to allow the set off o…

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

…ssed the appeal filed by the assessee. 5. Before us, learned counsel of the assessee relies on the decision in the case of First State Investments (Honkong) Ltd. vs. ADIT (2009) (132 TTJ 218); Fidelity Investment Trust Fidelity Overseas Fund vs. ADIT (2010) (36 SOT 22) (ITAT – Mum); DDIT vs. DWS India Equity Ltd. (2010) (ITA No 5055/Mum/2010) (AT – Mum) (Unreported); Capital International Emerging Markets Fund vs. DDIT (2013) (145 ITD 491) and CIT vs. Rungamatee Trexim (P) Ltd. (2008) (ITA No 812 of 208) (Calcutta High Court) (Unreported). 6. On the other hand, the learned DR relies on the order of the learned…

Ltd. vs. ADIT (2009) (132 TTJ 218); Fidelity Investment Trust Fidelity Overseas Fund v. ADIT (36 SOT 22) — Cited in 4 Judgments | BharatTax