CARESTREAM HEALTH INC,MUMBAI vs. DCIT (IT) 2(1)(1), MUMBAI

In the result, the appeal of assessee is allowed

Bench: Shri M.Balaganesh, Am & Shri Amarjit Singh, Jm M/S. Carestream Health Inc Vs. Dy. Commissioner Of C/O. Carestream Health Income Tax, Range-2(1)(1) India Private Limited Scindia House, M.M.Road Sunteck Centre Ballard Pier 1St Floor, Subhash Road Mumbai – 400 028 Vile Parle (E) Mumbai – 400 057 Pan/Gir No. Aaecc6050H (Appellant) .. (Respondent)

115A to Rs 3 M/s.Carestream Health INC 3,64,84,092/- and return was filed claiming such long term capital loss. Accordingly, the assessee had claimed long term capital loss of Rs 3,64,84,092/- upon cancellation of the shares held by it in CHIPL pursuant to reduction of capital in the return of income for the year under

ISHANA CAPITAL MASTER FUND ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2(2)(1), MUMBAI

In the result the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai () & Smt. Renu Jauhri ()

gain. As there is no restriction, the assessee is free to choose as to how the set off of short term capital loss has to be claimed. 5.2 In the present facts of the case we know that, the assessee claimed set off in such manner that it resulted in the payment of low tax. It is noted that

ISHARES INDIA INDEX MAURITIUS COMPANY,MUMBAI vs. DCIT (INTERNATIONAL TAXATION)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. ISHARES INDIA SC MAURITIUS COMPANY & ORS. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset

ISHARES MSCI EMERGING MARKETS ETF (AS A SUCCESSOR TO ISHARES EMERGING MARKETS INDEX MAURITIUS CO (LIQUIDATED)),MUMBAI vs. DCIT (INTERNATIONAL TAX)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. ISHARES INDIA SC MAURITIUS COMPANY & ORS. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset

ISHARES MSCI EMERGING MARKETS ASIA ETF (AS A SUCCESSOR TO ISHARES EM ASIA MAURITIUS CO (LIQUIDATED)),MUMBAI vs. DCIT (INTERNATIONAL TAXATION)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. ISHARES INDIA SC MAURITIUS COMPANY & ORS. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset

ISHARES EMERGING MARKETS MINIMUM VOLATILITY MAURITIUS CO,MUMBAI vs. DCIT (INTERNATIONAL TAX)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. ISHARES INDIA SC MAURITIUS COMPANY & ORS. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset

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

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. ISHARES INDIA SC MAURITIUS COMPANY & ORS. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset

ISHARES CORE EMERGING MAURITIUS CO,MUMBAI vs. DCIT (INTERNATIONAL TAX)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. ISHARES INDIA SC MAURITIUS COMPANY & ORS. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset

ISHARES INDIA SC MAURITIUS COMPANY,MUMBAI vs. DCIT (INTERNATIONAL TAXATION)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. ISHARES INDIA SC MAURITIUS COMPANY & ORS. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset

ISHARES INDIA 50 ETF (AS A SUCCESSOR TO ISHARES INDIA MAURITIUS CO (LIQUIDATED)),MUMBAI vs. DCIT (INTERNATIONAL TAX)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. ISHARES INDIA SC MAURITIUS COMPANY & ORS. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset

ISHARES MSCI EM ASIA UCITS ETF,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset is to be set off against income

ISHARES EMERGING MARKETS IMI EQUITY INDEX FUND,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INT TAXATION)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset is to be set off against income

ISHARES CORE MSCI EM IMI UCITS ETF,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset is to be set off against income

ISHARES MSCI BRIC ETF (AS A SUCCESSOR TO ISHARES BRIC INDEX MAURITIUS CO (LIQUIDATED)),MUMBAI vs. DCIT (INTERNATIONAL TAX)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset is to be set off against income

ISHARES DEGE MSCI EM MINIMUM VOLATILITY UCITS,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL OF INCOME TAX (INT TAX)-2(2)(2), MUMBAI

In the result, the appeals of the assessees in ITA

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

gain assessable for subsequent assessment year in respect of any other capital asset which could be either LTCG or STCG. Further, we have perused the decision of ITAT, Mumbai in the case of Legg Mason Asia (Ex Japan) Analyst Fund (supra) wherein it is held that loss arisen on short term capital asset is to be set off against income

STAR TELEVISION ENTERTAINMENT LTD,MUMBAI vs. DDIT (IT) 2(1), MUMBAI

Bench: Shri Amit Shukla () & Ms. Padmavathy S. ()

gain on transfer of such asset is not taxable in India. (refer para 26 to 28 of this order). Reliance in this regard is placed on the decision of the Hon'ble Delhi High Court in the case of Cub Pty Ltd (supra). Applying the ratio of the decision of the Hon'ble High Court to the case

STAR ASIA REGION FZ LLC,MUMBAI vs. DDIT (IT) 2(1), MUMBAI

Bench: Shri Amit Shukla () & Ms. Padmavathy S. ()

gain on transfer of such asset is not taxable in India. (refer para 26 to 28 of this order). Reliance in this regard is placed on the decision of the Hon'ble Delhi High Court in the case of Cub Pty Ltd (supra). Applying the ratio of the decision of the Hon'ble High Court to the case

ABU DHABI COMMERCIAL BANK PJSC,MUMBAI vs. DCIT (INTERNATIONAL TAXATION)-1(1)(1), MUMBAI

In the result, the appeal is partly allowed

Bench: Shri Saktijit Dey, Vp & Ms. Padmavathy S, Am Abu Dhabi Commercial Bank Pjsc Dcit (International Taxation)- Wework India Management Private 1(1)(1) 5Th Floor, Room No. 517, Limited Vs. 2Nd Floor, Express Towers, Air India Building, Nariman Point, Ranath Goenka Marg, Nariman Point, Mumbai-400 021 Mumbai-400 021 Pan/Gir No. Aaaca 4216 B (Appellant) : (Respondent)

gain. On the income computed after set off of loss, deductions provisions contained under Chapter VIA apply. 13 Thus, as per section 11(2) of India-UAE treaty, firstly, computation of income and its taxability has to be determined in terms with the domestic law, i.e., the Income Tax Act. Therefore, full effect to the computation provisions contained under