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

section 74 of the Act. Grounds of Appeal Nos. 8 - 12: Failure to allow set-off of brought forward long-term capital 7. erred in setting off the long -term capital losses brought forward from earlier Assessment Years amounting to Rs. 26,506,339,311 against the current year's net long-term capital gains

ISHARES MSCI ALL COUNTRY ASIA EX JAPAN ETF,MUMBAI vs. DCIT (INT. TAX)-2(2)(2), MUMBAI

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

section 74 of the Act.\nGrounds of Appeal Nos. 8 12: Failure to allow set-off of brought\nforward long-term capital\n7. erred in setting off the long -term capital losses brought forward from earlier\n Assessment Years amounting to Rs. 26,506,339,311 against the current year's\nnet long-term capital gains

RELIANCE POWER LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 15(3)(1), MUMBAI

In the result, ground of appeal raised by assessee is allowed

Bench: Shri Pawan Singh& Shri Omkareshwar Chidara(Physical Hearing) Dcit – 15(3)(1), Mumbai Reliance Power Limited Room No. 460, 4Th Floor, H-Block, 1St Floor, Dhirubhai Ambani Vs Aayakar Bhavan, M.K. Road, Knowledge City, Koperkhairane, Mumbai – 400020] Navi Mumbai-400710 [Pan: Aaacr2365L] Appellant / Revenue Respondent / Assessee Reliance Power Limited Dcit – 15(3)(1), Mumbai Room No. 460, 4Th Floor, Aayakar Reliance Centre, Ground Floor, 19 Vs Walchand Hirachand Marg, Bhavan, M.K. Road, Ballard Estate, Mumbai – 400001. Mumbai – 400020] [Pan: Aaacr2365L] Appellant / Assessee Respondent / Revenue

12) TMI 333. The submission of assessee was not accepted by assessing officer. The assessing officer by referring the provision of section 50 of Income Tax Act noted that where a capital asset forming part of block of asset in respect of which depreciation is allowed, is transferred and block of asset ceases to exist, then the resultant capital gain

TATA COMMUNICATIONS LIMITED,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX, MUMBAI

In the result, the question of law referred to the Special Bench is answered in favour of the assessee

Bench: Shri Saktijit Dey & Shri Arun Khodpiatata Communications Limited Pr. Cit, Videsh Sanchar Bhavan, Mumbai-1 Vs. M. G. Road, Fort, Mumbai-400 001 Pan/Gir No. Aaacv 2808 C (Appellant) : (Respondent) Appellant By : Shri J. D. Mistri Respondent By : Shri Ritesh Misra, Cit Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Saktijit Dey: The Present Appeal, At The Instance Of The Assessee, Assails Order Dated 21.03.2025, Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ For Short), By Learned Principal Commissioner Of Income Tax (‘Ld. Pcit’ For Short), Pertaining To The Assessment Year (A.Y.) 2018-19. 2. Though The Assessee Has Raised Multiple Grounds, Both On Jurisdictional Issues As Well As On Merits, However, There Is Consensus Between The Parties That The Appeal Can Be Decided On Merits, In Which Event, There Is No Need To Go Into Various Other Issues Raised In Appeal.

12 Tata Communications Limited vs. Pr. CIT term capital asset” ----------. Thus, even if u/s.50, long term capital asset is taxed as short term capital gain because of the deeming fiction, but that does not lead to convert long term capital asset into short term capital asset for the purpose of other section

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

12 that:\n\"From the principles laid down in the decisions referred to above, it is\nobvious that section 2(28A) is not attracted to every payment made and\nthat the provision can be attracted only in cases where there is debtor-\ncreditor relationship and that payments are made in discharge of a pre-\nexisting obligation

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

capital in nature after completion of project when revenue had already been recognized from the project?” 2. The assessee before us also filed additional ground which reads as under: “Additional Ground No. III: Allowability of maintenance expenses of Rs. 92.32.199/- On the facts and in the circumstances of the case and in law, the maintenance expenditure

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

12\n2.\nBalance short-term capital\nloss shall be first set of\nagainst short-term capital\ngain on which securities\ntransaction taxes paid\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\nIf short-term capital gain on\nwhich securities transaction\ntax

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

section 70 of the Act does not provide any\nhierarchy for set-off, the short-term capital loss arising from sale of shares\nsubjected to STT can first be set-off against the short-term capital gains arising\nfrom sale of securities not subjected to STT instead of short-term capital gains\narising from sale of shares subjected

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

12\n2.\nBalance short-term capital\nloss shall be first set of\nagainst short-term capital\ngain on which securities\ntransaction taxes paid\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\nIf short-term capital loss still\nremains

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

section 70 of the Act does not provide any\nhierarchy for set-off, the short-term capital loss arising from sale of shares\nsubjected to STT can first be set-off against the short-term capital gains arising\nfrom sale of securities not subjected to STT instead of short-term capital gains\narising from sale of shares subjected

ISHARES MSCI INDIA ETF(AS A SUCESSOR TO ISHARES INDIA INDEX MARUITIUS COMPANY),MUMBAI vs. DCIT (INT)-2(2)(2), MUMBAI

section 70 of the Act does not provide any\nhierarchy for set-off, the short-term capital loss arising from sale of shares\nsubjected to STT can first be set-off against the short-term capital gains arising\nfrom sale of securities not subjected to STT instead of short-term capital gains\narising from sale of shares subjected

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

section 70 of the Act does not provide any\nhierarchy for set-off, the short-term capital loss arising from sale of shares\nsubjected to STT can first be set-off against the short-term capital gains arising\nfrom sale of securities not subjected to STT instead of short-term capital gains\narising from sale of shares subjected

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

section 70 of the Act does not provide any\nhierarchy for set-off, the short-term capital loss arising from sale of shares\nsubjected to STT can first be set-off against the short-term capital gains arising\nfrom sale of securities not subjected to STT instead of short-term capital gains\narising from sale of shares subjected

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

section 70 of the Act does not provide any\nhierarchy for set-off, the short-term capital loss arising from sale of shares\nsubjected to STT can first be set-off against the short-term capital gains arising\nfrom sale of securities not subjected to STT instead of short-term capital gains\narising from sale of shares subjected

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

section 70 of the Act does not provide any\nhierarchy for set-off, the short-term capital loss arising from sale of shares\nsubjected to STT can first be set-off against the short-term capital gains arising\nfrom sale of securities not subjected to STT instead of short-term capital gains\narising from sale of shares subjected

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

section 70 of the Act does not provide any\nhierarchy for set-off, the short-term capital loss arising from sale of shares\nsubjected to STT can first be set-off against the short-term capital gains arising\nfrom sale of securities not subjected to STT instead of short-term capital gains\narising from sale of shares subjected

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

12. .........We are unable to comprehend that now when e to comprehend that now when admittedly the short admittedly the short term and long term capital gains earned term and long term capital gains earned by the assessee from transfer of securities by the assessee from transfer of securities during the year in during the year in question are exempt

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

In the result appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

section 144C (5) of the act issued by the dispute resolution panel – 1, Mumbai (the learned DRP) dated 12 September 2023 wherein the income of the assessee return at ₹ 22,03,96,120/– is assessed at ₹ 234,895,280/–. The only grievance in this appeal is that assessee short-term capital gain

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

In the result appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

section 144C (5) of the act issued by the dispute resolution panel – 1, Mumbai (the learned DRP) dated 12 September 2023 wherein the income of the assessee return at ₹ 22,03,96,120/– is assessed at ₹ 234,895,280/–. The only grievance in this appeal is that assessee short-term capital gain