Sachs Investment (Mauritius) Ltd. v. DCIT(International

Asia Investment Corporation (Mauritius) Limited, Mumbai vs. Deputy Commissioner of Income Tax (Int Taxation)1(1)(2), Mumbai

In the result the appeals filed by the assessee for both the years under consideration stands partly allowed

Bench: Smt. Beena Pillai () & Ms. Padmavathy S ()

…e the assessee had no occasion to claim benefit of gains under Article 13 of India Mauritius DTAA. The observations of co-ordinate bench of this Tribunal in case of Gold man Sachs Investment (Mauritius) Ltd. Vs. DCIT(International taxation) reported in (2021) 187 ITD 184, DCIT vs. Patni Computers systems Ltd. reported in (2008) 114 ITR 159 Pune and the decision of Co-ordinate bench of this Tribunal in case of Flagship Indian Investment Co. Mauritius Ltd. V. ASSTT. DIT reported in (2010) 38 SOT 426 reproduced herein above. Based on ratio laid down therein, we do not have any hesitation in holding that the assessee…

Asia Investment Corporation (Mauritius ) Limited, Mumbai vs. Deputy Commissioner of Income Tax (Int Tax)-1(1)(2), Mumbai

In the result the appeals filed by the assessee for both the years under consideration stands partly allowed

Bench: Smt. Beena Pillai () & Ms. Padmavathy S ()

…e the assessee had no occasion to claim benefit of gains under Article 13 of India Mauritius DTAA. The observations of co-ordinate bench of this Tribunal in case of Gold man Sachs Investment (Mauritius) Ltd. Vs. DCIT(International taxation) reported in (2021) 187 ITD 184, DCIT vs. Patni Computers systems Ltd. reported in (2008) 114 ITR 159 Pune and the decision of Co-ordinate bench of this Tribunal in case of Flagship Indian Investment Co. Mauritius Ltd. V. ASSTT. DIT reported in (2010) 38 SOT 426 reproduced herein above. Based on ratio laid down therein, we do not have any hesitation in holding that the assessee…

Tvf Fund Ltd., Mauritius, Mumbai vs. DCIT (International Taxation)-4(1)(2), Mumbai

In the result the appeal filed by the assessee stands partly allowed

Bench: Smt. Beena Pillai () & Ms. Padmavathy S ()

…on on account of the loss incurred by him in India.” 5.5 The above discussion is also supported by the observations of co-ordinate bench of this Tribunal in case of Gold man Sachs Investment (Mauritius) Ltd. Vs. DCIT(International taxation) reported in (2021) 187 ITD 184, DCIT vs. Patni Computers systems Ltd. reported in (2008) 114 ITR 159 Pune and the decision of Co-ordinate bench of this Tribunal in case of Flagship Indian Investment Co. Mauritius Ltd. V. ASSTT. DIT reported in (2010) 38 SOT 426 reproduced herein above. Based on ratio laid down therein, we do not have any hesitation in holding that the assessee…

Morgan Stanley Mauritius Company Limited, Mumbai vs. Deputy Commissioner of Income Tax (International Taxation)-Circle 3(2)(2), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2020-21 Morgan Stanley Mauritius Company Dy. Cit (International Taxation) – Ltd., Circle 3(2)(2), Vs. C/O S R B C & Associates Llp, 14Th 16Th Floor, Room No. 1615, Air India Floor, The Ruby, 29, Senapati Bapat Building Nariman Point, Marg, Dadar (West), Mumbai-400021. Mumbai-400028. Pan No. Aadcm 5927 G Appellant Respondent

…ents (Mauritius) (Mauritius) (Mauritius) Ltd. Ltd. Ltd. v. v. v. Deputy Deputy Deputy Commissioner of Income Tax, (International Taxation)-2(3)(2) [2021] Commissioner of Income Tax, (International Taxation) Commissioner of Income Tax, (International Taxation) 187 ITD 184 (Mumbai 187 ITD 184 (Mumbai - Trib.), (ii) Deputy Commissioner of Income Deputy Commissioner of Income- tax (International (International (International Taxation) Taxation) Taxation) v. v. v. Swiss Swiss Swiss Finance Finance Finance Corporation (Mauritius) Ltd. [2023] 146 taxmann.com 203 (Mumbai [2023] 146 taxmann.com 203 (Mumbai [2023] 146 taxm…

Gs Strategic Investments Limited, Mumbai vs. ACIT, International Tax Circle-2(3)(2), Mumbai

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

…he Appellant, at the outset, submitted that identical issue stands decided in favour of the assessee and against the Revenue by following decisions of the Tribunal: Goldman Sachs Investments (Mauritius) Ltd. Vs. DCIT (International Taxation) – 2(3)(2): [2021] 187 ITD 184 (Mumbai - Trib.)[24-09-2020] Flagship Indian Investment Co. (Mauritius) Ltd. Vs. ACIT [2010] 133 TTJ 792 (Mum) and DCIT vs. Patni Computers Systems Ltd.: (2008) 114 ITD 159 (Pune – Trib.) DCIT vs. Patni Computers Systems Ltd.: (2008) 114 ITD 159 (Pune – Trib.). 6. Per contra when the Departmental Representative relied upon the Final Assessment O…

Standard Chartered Bank (Singapore)Limited, Mumbai vs. The Deputy Commissioner of Income Tax International Taxation Circle 4(2)(2), Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Rahul Chaudhary, Hon’Ble

…| आयकर अपीलीय अिधकरण "ायपीठ, मुंबई | IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER & SHRI RAHUL CHAUDHARY, HON’BLE JUDICIAL MEMBER I.T.A. No. 2505/Mum/2024 Assessment Year: 2021-22 Standard Chartered Bank (Singapore) Dy. Commissioner of Income Tax, Limited International Taxation, Circle - Vs Narendra Singhania & Company 4(2)(2), Mumbai E 21, 1st & 2nd Floor, Hauz Khas New Delhi - 110016 [PAN: ABBCS3236R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Dhanesh Bafna, Ms. Chandni Shah & Shri Amol Mahajan, A/Rs Revenue by : Shri A…

Dy CIT (International Taxation), Mumbai vs. Swiss Finance Corporation (Mauritius) Ltd., Mauritius

…of INR 1,78,94,380/-. 5. Being aggrieved, the Assessee preferred appeal before CIT(A) who allowed the appeal following the decisions of the Tribunal in the case of Goldman Sachs Investments (Mauritius) Ltd. Vs. DCIT (International Taxation) – 2(3)(2): [2021] 187 ITD 184 (Mumbai - Trib.)[24-09-2020]. 6. Being aggrieved by the relief granted by the CIT(A), the Revenue has preferred the present appeal raising grounds Assessment Year 2015-16 & 2017-18 specified in paragraph 3 above which are taken up in seriatim hereinafter. 7. The Ld. Departmental Representative appearing before us submitted that the Assessing Of…

Dy CIT (International Taxation)-1(2)(2), Mumbai vs. M/S. Bluebay Mauritus Investment Ltd., Mumbai

In the result, both the appeals of the Revenue are dismissed

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘I‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI KULDIP SINGH, JUDICIAL MEMBER & DCIT(IT)-1(2)(2), Vs. M/s. Bluebay Mauritius Mumbai Investment Ltd., Room No.1811, 18th Floor C/o. SRBC & Associates 14th Floor, Air India Building Nariman Point The Ruby, 29, Senapati Mumbai – 400 021 Bapat Marg, Dadar West Mumbai – 400 028 PAN/GIR No. AACCB9117A (Appellant) .. (Respondent) Revenue by Shri Rajneesh Yadav Assessee by Shri Anish Thacker / Shri Hemen Chandariya Date of Hearing 25/04/2022 Date of Pronouncement 29/04/2022 आदेश / O R D E R PER M. BALAGANESH…