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 144C(1) of the Act, disagreed with the\nsubmissions of the assessee and held that the computation of the net short-\nterm capital gains

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 144C(1) of the Act, disagreed with the submissions of the assessee and held that the computation of the net short- term capital gains

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.

144C(13) of the Act. Post passing of final assessment order, ld. PCIT called for and examined the assessment records and while doing so, he found that in the year under consideration, the assessee has sold certain depreciable assets which has resulted in capital gain. He observed, as per section 50 of the Act, gain derived from sale of depreciable

FIDELITY SALEM STREET TRUST FIDELITY SAI EMERGING MARKETS INDEX FUND ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2(3)(1), MUMBAI

The appeals are partly allowed

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

1,77,58,894 Accordingly, the Assessing Officer passed the Final Assessment Order, dated 29/01/2025, holding that STCG of INR.1,04,65,506/- was taxable at the rate of 15% under Section 115AD read with Section 111A of the Act and the balance amount of INR.1,77,58,894/- was taxable at the rate of 30% as per Section 115AD

EMPLOYEES RETIREMENT SYSTEM OF TEXAS ,MUMBAI vs. DY CIT (INT. TAX)-2(2)(1), MUMBAI

The appeals are partly allowed

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

1,77,58,894 Accordingly, the Assessing Officer passed the Final Assessment Order, dated 29/01/2025, holding that STCG of INR.1,04,65,506/- was taxable at the rate of 15% under Section 115AD read with Section 111A of the Act and the balance amount of INR.1,77,58,894/- was taxable at the rate of 30% as per Section 115AD

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

capital gains amounting to Rs.\n333,85,21,896 on the sale of shares acquired before 01/04/2017\n(grandfathered sale) as exempt under Article 13(4) of the India-Mauritius\nDouble Taxation Avoidance Agreement (“DTAA”). The AO, vide draft\nassessment order dated 24/03/2024 passed under section 144C (1

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

capital gains amounting to Rs.\n\n333,85,21,896 on the sale of shares acquired before 01/04/2017\n(grandfathered sale) as exempt under Article 13(4) of the India-Mauritius\nDouble Taxation Avoidance Agreement (“DTAA”). The AO, vide draft\nassessment order dated 24/03/2024 passed under section 144C (1

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

1,55,58,719)\nNet Short-Term Capital Gains taxed at 30% under\nsection 115AD of the Act\n3,04,99,521\nAdd: Short-Term Capital Gains taxed at 15% under\nsection 115AD of the Act(C)\n4,51,55,529\nNet Short-Term Capital Gains chargeable to tax\n7,56,55,050\n4.\nThus, it was observed that

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

1,55,58,719)\nNet Short-Term Capital Gains taxed at 30% under\nsection 115AD of the Act\n3,04,99,521\nAdd: Short-Term Capital Gains taxed at 15% under\nsection 115AD of the Act(C)\n4,51,55,529\nNet Short-Term Capital Gains chargeable to tax\n7,56,55,050\n4.\nThus, it was observed that

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

capital gains amounting to Rs.\n333,85,21,896 on the sale of shares acquired before 01/04/2017\n(grandfathered sale) as exempt under Article 13(4) of the India-Mauritius\nDouble Taxation Avoidance Agreement (“DTAA”). The AO, vide draft\nassessment order dated 24/03/2024 passed under section 144C (1

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

capital gains amounting to Rs.\n333,85,21,896 on the sale of shares acquired before 01/04/2017\n(grandfathered sale) as exempt under Article 13(4) of the India-Mauritius\nDouble Taxation Avoidance Agreement (“DTAA”). The AO, vide draft\nassessment order dated 24/03/2024 passed under section 144C (1

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

capital gains amounting to Rs.\n333,85,21,896 on the sale of shares acquired before 01/04/2017\n(grandfathered sale) as exempt under Article 13(4) of the India-Mauritius\nDouble Taxation Avoidance Agreement (“DTAA”). The AO, vide draft\nassessment order dated 24/03/2024 passed under section 144C (1

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

capital gains amounting to Rs.\n\n333,85,21,896 on the sale of shares acquired before 01/04/2017\n(grandfathered sale) as exempt under Article 13(4) of the India-Mauritius\nDouble Taxation Avoidance Agreement (“DTAA”). The AO, vide draft\nassessment order dated 24/03/2024 passed under section 144C (1

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

capital gains amounting to Rs.\n333,85,21,896 on the sale of shares acquired before 01/04/2017\n(grandfathered sale) as exempt under Article 13(4) of the India-Mauritius\nDouble Taxation Avoidance Agreement (“DTAA”). The AO, vide draft\nassessment order dated 24/03/2024 passed under section 144C (1

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

capital gains amounting to Rs.\n333,85,21,896 on the sale of shares acquired before 01/04/2017\n(grandfathered sale) as exempt under Article 13(4) of the India-Mauritius\nDouble Taxation Avoidance Agreement (“DTAA”). The AO, vide draft\nassessment order dated 24/03/2024 passed under section 144C (1

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

144C(13) of the Act, is without jurisdiction and bad in law inasmuch as the same has been passed beyond the time limit inasmuch as the same has been passed beyond the time limit inasmuch as the same has been passed beyond the time limit prescribed in Section 153 of the Act. prescribed in Section

ISHARES MSCI EM IMI ESG SCREENED UCITS ETF,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 – one, Mumbai dated 11/9/2023 wherein the income of the assessee returned of ₹ 1,315,354,310/– is assessed at ₹ 1,342,831,140/–. The only issue in this appeal is that assessee has earned short- 032. 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 – one, Mumbai dated 11/9/2023 wherein the income of the assessee returned of ₹ 1,315,354,310/– is assessed at ₹ 1,342,831,140/–. The only issue in this appeal is that assessee has earned short- 032. term capital gain

ISHARES MSCI INDIA UCITS ETF,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 – one, Mumbai dated 11/9/2023 wherein the income of the assessee returned of ₹ 1,315,354,310/– is assessed at ₹ 1,342,831,140/–. The only issue in this appeal is that assessee has earned short- 032. term capital gain