“DTAA benefit”

ISHARES CORE MSCI TOTAL INTERNATIONAL STOCK ETF (AS A SUCCESSOR TO ISHARE CORE TAOTAL INTERNATIONAL STOCK MAURITIUS COMPANY ),MUMBAI vs. DY CIT (INT. TAX)-2(2)(1), MUMBAI

In the result, the appeal by the assessee is partly allowed for statistical purposes

Bench: Shri Vikram Singh Yadavshri Sandeep Singh Karhailishares Core Msci Emerging Markets Etf (As A Successor To Ishares Core Emerging Markets Mauritius Company) C/O Ernst & Young Llp, 17Th Floor, The Ruby, 29, Senapati Bapat Marg, ............... Appellant Dadar (West), Mumbai - 400028 Pan : Aafci3337N V/S Deputy Commissioner Of Income Tax (International Tax) - 2(2)(2) Room No.606, 6Th Floor, Kautilya Bhavan, ……………… Respondent C-41 To C-43, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400051 Ishares Msci All Country Asia Ex Japan Etf C/O Ernst & Young Llp, 17Th Floor, The Ruby, 29, Senapati Bapat Marg, Dadar (West), Mumbai - 400028 Pan : Aabti7439L ............... Appellant

erred in not following the binding decisions of the Jurisdictional Tribunal pronounced in favour of the Fund for AY 2022-23 and rejecting the DTAA benefits merely on the ground that the same have not attained finality. Ground of Appeal Nos. 13 - 14: Arithmetical errors in the computation sheet ... erred in not following the binding decision of the Jurisdictional Tribunal pronounced in favour of the Fund for AY 2022-23 and rejecting the DTAA benefits merely on the ground that the same have not attained finality. Ground of Appeal Nos. 7-10: Arithmetical errors in the computation sheet

ISHARES CORE MSCI EMERGING MARKETS ETF (AS A SUCCESSOR TO ISHARES CORE EMERGING MARKETS MAURITIUS COMPANY ,MUMBAI vs. DCIT (TP) 2(2)(2), MUMBAI

In the result, the appeal by the assessee is partly allowed for statistical purposes

Bench: Shri Vikram Singh Yadavshri Sandeep Singh Karhailishares Core Msci Emerging Markets Etf (As A Successor To Ishares Core Emerging Markets Mauritius Company) C/O Ernst & Young Llp, 17Th Floor, The Ruby, 29, Senapati Bapat Marg, ............... Appellant Dadar (West), Mumbai - 400028 Pan : Aafci3337N V/S Deputy Commissioner Of Income Tax (International Tax) - 2(2)(2) Room No.606, 6Th Floor, Kautilya Bhavan, ……………… Respondent C-41 To C-43, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400051 Ishares Msci All Country Asia Ex Japan Etf C/O Ernst & Young Llp, 17Th Floor, The Ruby, 29, Senapati Bapat Marg, Dadar (West), Mumbai - 400028 Pan : Aabti7439L ............... Appellant

erred in not following the binding decisions of the Jurisdictional Tribunal pronounced in favour of the Fund for AY 2022-23 and rejecting the DTAA benefits merely on the ground that the same have not attained finality. Ground of Appeal Nos. 13 - 14: Arithmetical errors in the computation sheet ... erred in not following the binding decision of the Jurisdictional Tribunal pronounced in favour of the Fund for AY 2022-23 and rejecting the DTAA benefits merely on the ground that the same have not attained finality. Ground of Appeal Nos. 7-10: Arithmetical errors in the computation sheet

G S STRATEGIC INVESTMENTS LIMITED ,MUMBAI vs. ACIT INTERNATIONAL TAX CIRCLE 2(3)(2), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

boundary. 17. The Assessing Officer‟s approach that total income must first be computed under the Act by netting gains and losses and thereafter DTAA benefit is to be granted, proceeds on an inverted understanding of the treaty‟s role. A treaty, where applicable, is not merely a final stage

TFDAC IRELAND II LIMITED,IRELAND vs. DEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAX CIRCLE 4(1)(2) MUMBAI, MUMBAI

rebut the applicability of the India–Ireland DTAA, the conclusion that the principal purpose of the assessee‟s incorporation was to obtain India–Ireland DTAA benefits is unsustainable. The impugned finding is, therefore, set aside.\n75. Alternatively, and without prejudice, we also find merit in the submission that, even under

DAE(SY22) LEASING (IRELAND)41, DESIGNATED ACTIVITY COMPANY ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION CIRCLE 2(1)(2), MUMBAI

Bench: SHRI AMIT SHUKLA (Judicial Member), MS PADMAVATHY S (Accountant Member)

rebut the applicability of the India–Ireland DTAA, the conclusion that the principal purpose of the assessee‟s incorporation was to obtain India–Ireland DTAA benefits is unsustainable. The impugned finding is, therefore, set aside. 75. Alternatively, and without prejudice, we also find merit in the submission that, even under

DAE (SABS) LEASING IRELAND 43 DESIGNATED ACTIVITY COMPANY,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX INT TAX.CIRCLE 2(1)(2), MUMBAI

rebut the applicability of the India–Ireland DTAA, the\nconclusion that the principal purpose of the assessee‟s\nincorporation was to obtain India–Ireland DTAA benefits is\nunsustainable. The impugned finding is, therefore, set aside.\n75. Alternatively, and without prejudice, we also find merit in\nthe submission that, even under

DAE (SABS) 10296 IRELAND DESIGNATED ACTIVITY COMPANY,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INT TAXATION), CIRLCE 2(1)(2), MUMBAI

rebut the applicability of the India–Ireland DTAA, the\nconclusion that the principal purpose of the assessee‟s\nincorporation was to obtain India–Ireland DTAA benefits is\nunsustainable. The impugned finding is, therefore, set aside.\n75. Alternatively, and without prejudice, we also find merit in\nthe submission that, even under

SKY HIGH XLIII LEASING COMPANY LIMITED,IRELAND vs. ASSISTANT COMMISSIONER OF INCOME TAX INT TAX CIRCLE 4 (2) (1) MUMBAI, MUMBAI

rebut the applicability of the India–Ireland DTAA, the\nconclusion that the principal purpose of the assessee‟s\nincorporation was to obtain India–Ireland DTAA benefits is\nunsustainable. The impugned finding is, therefore, set aside.\n75. Alternatively, and without prejudice, we also find merit in\nthe submission that, even under

ORTUS AIRCRAFT LEASE 5( DUBLIN) LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(2)(2) INTERNATIONAL TAXATION, MUMBAI

rebut the applicability of the India–Ireland DTAA, the conclusion that the principal purpose of the assessee‟s incorporation was to obtain India–Ireland DTAA benefits is unsustainable. The impugned finding is, therefore, set aside.\n\n75. Alternatively, and without prejudice, we also find merit in the submission that, even

SUNFLOWER AIRCRAFT LEASING LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 4(2)(2) INTERNATIONAL TAX, MUMBAI

In the result, the appeal of the assessee stands allowed

principally by a desire to secure treaty benefits.\nAccordingly, the ld. DRP held the PPT provisions inapplicable and restored the assessee's entitlement to DTAA benefits, allowing Grounds of Objection Nos.5 and 6. The relevant observation of the ld. DRP in this regard is as under:-\n\n\"Panel notes