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

gain on which securities securities transaction taxes transaction tax is paid paid 2. Balance short-term capital If short-term capital loss still loss shall be first set of remains it is to be carried against short-term capital forward

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)

carry forward the entire brought forward long-term capital losses in accordance with section 74 of the Act. 26. Accordingly, the impugned adjustment of ₹156,47,32,628 made by the Assessing Officer by setting off the brought forward long-term capital losses against the treaty-protected capital gains

ATYANT CAPITAL INDIA FUND-I,MUMBAI vs. ASSISTANT DIRECTOR OF INCOME TAX (INTERNATIONAL) TAX CIRCLE 1(1)(2), MUMBAI

In the result, the appeal of the assessee is allowed

forward of the long-term capital loss to subsequent\nyears. Further, as noted above, such long-term capital loss can only be set off\nagainst the long-term capital gains. Therefore, the dividend income declared\nas taxable under the head “income from other sources” cannot be adjusted\nagainst the long-term capital loss carried

SAMIR NARAIN BHOJWANI ,MUMBAI vs. DCIT 4(2)(1), MUMBAI

Appeal of the assessee is allowed for statistical purposes and the appeal of the revenue is dismissed

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

gain arising from transfer of a short term capital asset but the rate of tax has to be applicable in terms of section 112 of the Act, because the treatment of a short term capital asset is only a purpose of section 50 and not otherwise can convert a 'long term capital asset' into a 'short term capital asset

ACIT 421 MUMBAI, MUMBAI CITY vs. SAMIR NARAIN BHOJWANI, MUMBAI

Appeal of the assessee is allowed for statistical purposes and the\nappeal of the revenue is dismissed

forward of long term capital\nloss, the Hon'ble High Court held that the deeming fiction under section 50 is\nrestricted only to mode of computation of capital gains contained in sections 48 and\n49 of the Act and it does not change character of capital assets from of being a long\nterm capital asset or a short term capital

ISHARES MSCI ALL COUNTRY ASIA EX JAPAN ETF(AS A SUCCESSOR TO ISHARES MSCI ALL COUNTRY ASIA EX JAPAN MAURITIUS CO),MUMBAI vs. DCIT (INT)-2(2)(2), MUMBAI

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

carry forward of capital\nlosses on the pretext that since the assessee had claimed benefit of exemption\nunder Article 13 of the DTAA on capital gains, capital losses

ISHARES CORE MSCI EM IMI UCITS ETF,MUMBAI vs. DCIT (INT)-2(2)(2), MUMBAI

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

carry forward of capital\nlosses on the pretext that since the assessee had claimed benefit of exemption\nunder Article 13 of the DTAA on capital gains, capital losses

ISHARES CORE MSCI EMERGING MARKETS ETF (AS A SUCESSOR TO ISHARES CORE EMERGING MARKETS MAURITIUS COMPANY),MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) 2(2)(2), MUMBAI

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

forward\nshort-term capital loss\nIf short-term capital loss still\nremains it is to be carried\nforward and not that of against\nshort-term capital gain

ISHARES INDIA 50 ETF (AS A SUCCESSOR TO ISHARES INDIA MAURITIUS CO ),MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2(2)(2), MUMBAI

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

forward\nshort-term capital loss\nIf short-term capital loss still\nremains it is to be carried\nforward and not that of against\nshort-term capital gain

SCHWAB EMERGING MARKETS EQUITY ETF ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION -4(2)(1), MUMBAI

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

forward\nshort-term capital loss\nIf short-term capital loss still\nremains it is to be carried\nforward and not that of against\nshort-term capital gain

ISHARES MSCI EMERGING MARKETS ETF (AS A SUCCESSOR TO ISHARES EMERGING MARKETS INDEX MAURITIUS CO ),MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2(2)(2), MUMBAI

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

forward\nshort-term capital loss\nIf short-term capital loss still\nremains it is to be carried\nforward and not that of against\nshort-term capital gain

I SHARES ESG AWARE MSCI EM ETF ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION ) -2(2)(2), MUMBAI

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

carried forward\nand not that of against short-term\ncapital gain on which no securities\ntransaction tax is paid and\n3.\nIf short-term capital gain on\nwhich securities transaction\ntax is paid still remains, such\ngains are set of against\navailable brought forward\nshort-term capital loss

EMERGING MARKETS EQUITY INDEX MASTER FUND ,MUMBAI vs. DEPUTY CIT (INT. TAX)-2(2)(1), MUMBAI

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

carried forward\nand not that of against short-term\ncapital gain on which no securities\ntransaction tax is paid and\n3.\nIf short-term capital gain on\nwhich securities transaction\ntax is paid still remains, such\ngains are set of against\navailable brought forward\nshort-term capital loss

EMERGING MARKETS INDEX NON-LENDABLE FUND ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION )-2(2)(1), MUMBAI

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

carried forward\nand not that of against short-term\ncapital gain on which no securities\ntransaction tax is paid and\n3.\nIf short-term capital gain on\nwhich securities transaction\ntax is paid still remains, such\ngains are set of against\navailable brought forward\nshort-term capital loss

PRASHANT KOTHARI,SINGAPORE vs. CIT A (57) MUMBAI, OFFICE OF COMMISSIONER OF APPEALS MUMBAI

In the result, the additional ground of\nappeal is allowed

capital gains whereby the short term\ncapital losses are sought to be carried forward and short term capital gains\nare

TEACHER RETIREMENT SYSTEM OF TEXAS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION )-4(1)(2), MUMBAI

In the result, the appeal by the assessee is partly allowed

Bench: Shri Sandeep Singh Karhailshri Girish Agrawalteacher Retirement System Of Texas, C/O Ernst & Young Llp, 17Th Floor, The Ruby, 29, Senapati Bapat Marg, Dadar (West), ............... Appellant Mumbai - 400028 Pan: Aaatt9387R V/S Acit (It) – 4(1)(2), Kautilya Bhavan, ……………… Respondent G-Block, Bandra Kurla Complex, Mumbai - 400051 Assessee By : Shri Anish Thacker Shri Pranay Gandhi Revenue By : Shri Soumendu K. Dash, Sr.Dr

gain on which securities securities transaction taxes transaction tax is paid paid 2. Balance short-term capital If short-term capital loss still loss shall be first set of remains it is to be carried against short-term capital forward

BAY CAPITAL INDIA FUND LIMITED,MUMBAI vs. CIT (A) 55, MUMBAI, MUMBAI

In the result, the appeal by the assessee is allowed

carry forward of capital\nlosses on the pretext that since the assessee had claimed benefit of exemption\nunder Article 13 of the DTAA on capital gains, capital losses

DY CIT(IT)-1(3)(1, MUMBAI, KAUTILYA BHAVAN vs. BNS ASIA LIMITED, MUMBAI

Accordingly upheld the decision of the CIT(A) in allowing the carry forward. In view of the said decision, the loss which is brought forward from AY 2014-15 should also be allowed to be carried for...

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

carry forward of Short Term Capital Loss (STCL) whereas the assessee has taken the benefit of the DTAA between India and Singapore with respect to the Short Term Capital Gains

DY CIT(IT) 1(3)(1), MUMBAI, KAUTILYA BHAVAN vs. BNS ASIA LIMITED, MUMBAI

Accordingly upheld the decision of the CIT(A) in allowing the carry forward. In view of the said decision, the loss which is brought forward from AY 2014-15 should also be allowed to be carried for...

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

carry forward of Short Term Capital Loss (STCL) whereas the assessee has taken the benefit of the DTAA between India and Singapore with respect to the Short Term Capital Gains