“Section 90(3)”

DCIT CEN CIR 1(4), MUMBAI vs. GRASIM INDUSTRIES LTD, MUMBAI

In the result, appeal of the revenue and the assessee are partly allowed, and the additional ground of the assessee is dismissed

Bench: Shri Narendra Kumar Billaiya & Shri Anikesh Banerjee

decided this issue in favour of the revenue by holding that post the amendment made by Finance Act, 2003 under section 90(3)of the Act and the issuance of Notification No. 91 of 2008, the term “may be taxed” would mean that source country i.e. India has right

GRASIM INDUSTRIES LIMITED,MUMBAI vs. DCIT, CC-1(4), MUMBAI

In the result, appeal of the revenue and the assessee are partly allowed,\nand the additional ground of the assessee is dismissed

decided this issue\nin favour of the revenue by holding that post the amendment made by Finance Act,\n2003 under section 90(3)of the Act and the issuance of Notification No. 91 of 2008,\nthe term “may be taxed” would mean that source country i.e. India has right

BANK OF BARODA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), MUMBAI

The appeals of the appellant are partly allowed for statistical purposes

Bench: Shri Narender Kumar Choudhry (Jm) & Shri Omkareshwar Chidara (Am)

appellant has excluded the income for tax purposes earned in 19 foreign branches of bank. The Ld. AO relying on the provisions of section 90(3) with Notification No. S.O. 2123 dated 28.8.2003 and the decision of ITAT Mumbai in the case of Bank of India has added the same ... India with these countries. Vide assessment order passed u/s 143(3) of the Act, the AO by referring to the provisions of section 90(3) of the Act and notification dated 28.08.2008 issued by the Central Government held that the claim of the assessee to exclude the business profit/income

BANK OF BARODA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE 2(1)(1), MUMBAI

The appeals of the appellant are partly allowed for statistical purposes

Bench: Shri Narender Kumar Choudhry (Jm) & Shri Omkareshwar Chidara (Am)

appellant has excluded the income for tax purposes earned in 19 foreign branches of bank. The Ld. AO relying on the provisions of section 90(3) with Notification No. S.O. 2123 dated 28.8.2003 and the decision of ITAT Mumbai in the case of Bank of India has added the same ... India with these countries. Vide assessment order passed u/s 143(3) of the Act, the AO by referring to the provisions of section 90(3) of the Act and notification dated 28.08.2008 issued by the Central Government held that the claim of the assessee to exclude the business profit/income

BANK OF BARODA ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE 2(1)(1), MUMBAI

The appeals of the appellant are partly allowed for statistical purposes

Bench: Shri Narender Kumar Choudhry (Jm) & Shri Omkareshwar Chidara (Am)

appellant has excluded the income for tax purposes earned in 19 foreign branches of bank. The Ld. AO relying on the provisions of section 90(3) with Notification No. S.O. 2123 dated 28.8.2003 and the decision of ITAT Mumbai in the case of Bank of India has added the same ... India with these countries. Vide assessment order passed u/s 143(3) of the Act, the AO by referring to the provisions of section 90(3) of the Act and notification dated 28.08.2008 issued by the Central Government held that the claim of the assessee to exclude the business profit/income

MR. 3 SIGMA GLOBAL FUND ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX INT TAX CIRCLE 4(2)(1), MUMBAI

Accordingly we hold that the gain arising from the transfer of Derivatives cannot be taxed in India and the addition made in this regard stands deleted. Ground No. 1 raised by the assessee is hereb...

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

been defined under the Act or treaty; the same is to be understood as per the domestic legislation in view of Section 90(3) of the Act as well as Article 3(2) of India- 9 ITA No. 1130 & IT (IT)A No. 1119/Mum/2025 M/s Sigma Global Fund Ireland DTAA

ACIT CIRCLE ,3(4), MUMBAI, MUMBAI vs. UNION BANK OF INDIA, MUMBAI

In the result, the appeal of the revenue is dismissed

Assessing Officer\non the ground that, under the scheme of the law as it prevails-particularly in the light\nof the provisions of section 90(3) read with notification no SO 2123(E) dated 28th\nAugust 2008, entire global income of an Indian resident assessee is to be taxed ... good after 1st October 2009. He submits that\nin this view of the matter, nothing really turns on the notification no 91/2008\nunder section 90(3). He submits that the impact of notification having been\nnullified by re-enactment of section 90, the law laid down by Hon'ble Supreme

ACIT, CIRCLE -3(4), MUMBAI, MUMBAI vs. UNION BANK OF INDIA, MUMBAI

In the result, the appeal of the revenue is dismissed

Assessing Officer\non the ground that, under the scheme of the law as it prevails-particularly in the light\nof the provisions of section 90(3) read with notification no SO 2123(E) dated 28th\nAugust 2008, entire global income of an Indian resident assessee is to be taxed ... good after 1st October 2009. He submits that\nin this view of the matter, nothing really turns on the notification no 91/2008\nunder section 90(3). He submits that the impact of notification having been\nnullified by re-enactment of section 90, the law laid down by Hon'ble Supreme

M/S UNION BANK OF INDIA,MUMBAI vs. DCIT, CIRCLE-(LTU) 2, MUMBAI

In the result, the appeal of the revenue is dismissed

Assessing Officer\non the ground that, under the scheme of the law as it prevails-particularly in the light\nof the provisions of section 90(3) read with notification no SO 2123(E) dated 28th\nAugust 2008, entire global income of an Indian resident assessee is to be taxed ... good after 1st October 2009. He submits that\nin this view of the matter, nothing really turns on the notification no 91/2008\nunder section 90(3). He submits that the impact of notification having been\nnullified by re-enactment of section 90, the law laid down by Hon'ble Supreme

M/S UNION BANK OF INDIA,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-(LTU)-2, MUMBAI, MUMBAI

In the result, the appeal of the revenue is dismissed

Assessing Officer\non the ground that, under the scheme of the law as it prevails-particularly in the light\nof the provisions of section 90(3) read with notification no SO 2123(E) dated 28th\nAugust 2008, entire global income of an Indian resident assessee is to be taxed ... good after 1st October 2009. He submits that\nin this view of the matter, nothing really turns on the notification no 91/2008\nunder section 90(3). He submits that the impact of notification having been\nnullified by re-enactment of section 90, the law laid down by Hon'ble Supreme

VANGUARD TOTAL INTERNATIONAL STOCK INDEX FUND ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-4(3)(1), MUMBAI

been defined under\nthe Act or treaty; the same is to be understood as per the domestic legislation in view\nof Section 90(3) of the Act as well as Article 3(2) of India-Ireland DTAA. It states\nthat where the term has not been defined under the treaty

VANGUARD TOTAL WORLD STOCK INDEX FUND ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-4(3)(1), MUMBAI

been defined under\nthe Act or treaty; the same is to be understood as per the domestic legislation in view\nof Section 90(3) of the Act as well as Article 3(2) of India-Ireland DTAA. It states\nthat where the term has not been defined under the treaty

VANGUARD FUNDS PUBLIC LIMITED COMPANY VANG FTSE EMERGING MKTS UCITS ETF,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-4(3)(1), MUMBAI

Bench: Ms Padmavathy S, Am & Shri Rahul Chaudhary, Jm Ι.Τ.Α. No. 1277/Mum/2025 (Assessment Year: 2022-23) Vanguard Emerging Markets Stock Index Fund A Series Of Visplc, C/O Ernst & Young Llp, 14Th Floor, The Ruby, 29, Senapati Bapat Marg, Dadar (West), Mumbai-400028. Pan: Aaccv3136B Appellant) Vs. Acit (It)-4(3)(1), Kautilya Bhavan, G Block, Bandra Kurla Complex, Maharashtra-400051. : Respondent) Ι.Τ.Α. No. 1278/Mum/2025 (Assessment Year: 2022-23) Vftc- Institutional Total International Stock Market Index Trust Ii, C/O Ernst & Young Llp, 14Th Floor, The Ruby, 29, Senapati Bapat Marg, Dadar (West), Mumbai-400028. Pan: Aadtv1640C Acit (It)-4(3)(1), Kautilya Bhavan, G Block, Bandra Kurla Complex, Vs. Maharashtra-400051. Appellant) : Respondent) Ι.Τ.Α. No. 1279/Mum/2025 (Assessment Year: 2022-23) Vanguard Emerging Markets Stock Index Fund A Series Of Vieif, C/O Ernst & Young Llp, 14Th Floor, The Ruby, 29, Senapati Bapat Marg, Dadar (West), Mumbai-400028. Vs. Acit (It)-4(3)(1), Kautilya Bhavan, G Block, Bandra Kurla Complex, Maharashtra-400051. Pan: Aaaty0918K Appellant) : Respondent) 2

IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE MS PADMAVATHY S, AM & SHRI RAHUL CHAUDHARY, JM Ι.Τ

VANGUARD EMERGING MARKETS STOCK INDEX FUND A SERIES OF VIEF,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-4(3)(1), MUMBAI

Bench: Ms Padmavathy S, Am & Shri Rahul Chaudhary, Jm

been defined under the Act or treaty; the same is to be understood as per the domestic legislation in view of Section 90(3) of the Act as well as Article 3(2) of India-Ireland DTAA. It states that where the term has not been defined under the treaty

VFTC INSTITUTIONAL TOTAL INTERNATIONAL STOCK MARKET INDEX TRUST II,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-4(3)(1), MUMBAI

been defined under\nthe Act or treaty; the same is to be understood as per the domestic legislation in view\nof Section 90(3) of the Act as well as Article 3(2) of India-Ireland DTAA. It states\nthat where the term has not been defined under the treaty

VANGUARD EMERGING MARKETS STOCK INDEX FUND A SERIES OF vs. PLC ,MUMBAIVS.ASSISTANT COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION -4(3)(1), MUMBAI

Bench: Ms Padmavathy S, Am & Shri Rahul Chaudhary, Jm

been defined under the Act or treaty; the same is to be understood as per the domestic legislation in view of Section 90(3) of the Act as well as Article 3(2) of India-Ireland DTAA. It states that where the term has not been defined under the treaty

VANGUARD EMERGING MARKETS STOCK INDEX FUND A SERIES OF VISPLC,MUMBAI vs. ACIT (INTERNATIONAL TAX)-4(3)(1), MUMBAI

In the result, appeal of the assessee is allowed

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

been defined under the Act or treaty; the same is to be understood as per the domestic legislation in view of Section 90(3) of the Act as well as Article 3(2) of India-Ireland DTAA. It states that where the term has not been defined under the treaty

ACIT 6(3), MUMBAI vs. GRASIM INDUSTRIES LTD, MUMBAI

interpretation given by Govt. of India through this notification will be effective from 1st April 2004, i.e., from the date when provision of section 90(3) was brought in the statute, giving a Legal frame work for clarifying the intent of one of the negotiating parties;” "66. The coordinate bench ... therefore the year under consideration will be governed by the aforesaid amended provisions and Notification no. 91 of 2008 dated 28/08/2008 issued under section 90(3) of the Act is also applicable. We find that the coordinate bench of the Tribunal in Technimont (P.) Ltd. v/s ACIT, [2020] 116 taxmann.com