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

gains u/s\n111A amounting to Rs.88,08,601 twice and taxed at 15% with surcharge and\ncess in the computation sheet.\n\n9. Without prejudice to above, erred in not setting off the net long term capital\ngains chargeable to tax against brought forward long term capital loss in the\ncomputation sheet as done so in the impugned order

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

gains u/s\n111A amounting to Rs.88,08,601 twice and taxed at 15% with surcharge and\ncess in the computation sheet.\n9. Without prejudice to above, erred in not setting off the net long term capital\ngains chargeable to tax against brought forward long term capital loss in the\ncomputation sheet as done so in the impugned order.\n10. Without

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

gains u/s\n111A amounting to Rs.88,08,601 twice and taxed at 15% with surcharge and\ncess in the computation sheet.\n9. Without prejudice to above, erred in not setting off the net long term capital\ngains chargeable to tax against brought forward long term capital loss in the\ncomputation sheet as done so in the impugned order.\n10. Without

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

gains u/s\n111A amounting to Rs.88,08,601 twice and taxed at 15% with surcharge and\ncess in the computation sheet.\n9. Without prejudice to above, erred in not setting off the net long term capital\ngains chargeable to tax against brought forward long term capital loss in the\ncomputation sheet as done so in the impugned order.\n10. Without

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

gains u/s\n111A amounting to Rs.88,08,601 twice and taxed at 15% with surcharge and\ncess in the computation sheet.\n9. Without prejudice to above, erred in not setting off the net long term capital\ngains chargeable to tax against brought forward long term capital loss in the\ncomputation sheet as done so in the impugned order.\n10. Without

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

gains u/s\n111A amounting to Rs.88,08,601 twice and taxed at 15% with surcharge and\ncess in the computation sheet.\n9. Without prejudice to above, erred in not setting off the net long term capital\ngains chargeable to tax against brought forward long term capital loss in the\ncomputation sheet as done so in the impugned order.\n10. Without

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

gains u/s\n111A amounting to Rs.88,08,601 twice and taxed at 15% with surcharge and\ncess in the computation sheet.\n9. Without prejudice to above, erred in not setting off the net long term capital\ngains chargeable to tax against brought forward long term capital loss in the\ncomputation sheet as done so in the impugned order.\n10. Without

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

gains u/s\n111A amounting to Rs.88,08,601 twice and taxed at 15% with surcharge and\ncess in the computation sheet.\n9. Without prejudice to above, erred in not setting off the net long term capital\ngains chargeable to tax against brought forward long term capital loss in the\ncomputation sheet as done so in the impugned order.\n10. Without

ASSISTANT COMMISSIONER OF INCOME TAX-24(1), MUMBAI vs. ANIL GULABDAS SHAH, MUMBAI

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.5134/Mum/2017 & Co. No. 319/Mum/2018 (िनधा"रण वष" / Assessment Year: 2012-13) Acit – 24(1) Shri Anil Gulabdas Shah, Room No. 604, 6Th Floor, B-1601, Titanium Towers बनाम/ 16Th Floor, Jai View Chsl Piramal Chamber, Parel Vs. Sahakar Nagar, Andheri (W) Mumbai. Mumbai – 400 058 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bmfps-8959-E (अपीलाथ"/Appellant)/Respondent (""थ" / Respondent)/Appellant : Revenue By : Shri Satish Chandra Rajore- Ld. Dr Assessee By : Shri Anil G. Shah – Assessee-In-Person सुनवाई की तारीख/ : 05/08/2019 Date Of Hearing घोषणा की तारीख / : 09/08/2019 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (): - 1. Aforesaid Appeal By Revenue For Assessment Year [In Short Referred To As ‘Ay’] 2012-13 Contest The Order Of Ld. Commissioner Of Income- Tax (Appeals)-36, Mumbai, [In Short Referred To As ‘Cit(A)’], Appeal No. Cit(A)-36/It-217/Acit-24(1)/15-16 Dated 26/05/2017 On Following Grounds Of Appeal: -

section 45. While examining the treatment of capital receipt from settlement and extinguishment of right to sue as gains the Gujarat High Court in Baroda Cement and Chemicals V/s CIT (158

TATA SONS LTD,MUMBAI vs. CIT 2, MUMBAI

In the result, appeal of the assessee is allowed

Section 102 of the Act confirming\nsuch reduction.\nThus, in view of the scheme, the paid up equity share capital of\nTTSL was reduced by way of reduction in the number of equity\nshares of Rs 10/- each from 634,71,52,316 shares to\n317,35,76,158 shares, resulting in the total reduction of the paid\nup equity

SKF INDIA LTD,MUMBAI vs. ASST CIT 4(3)4, MUMBAI

In the result, the appeal filed by the Revenue is dismissed and the appeals filed by the assessee are allowed

Bench: Shri Rajendra & Shri C.N. Prasadआयकर अपील सं /I.Ta No.7092/Mum/2013 ("नधा"रण वष" / Assessment Year:2002-03 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 Appellant Respondent आयकर अपील सं /I.Ta No.3558/Mum/2012 ("नधा"रण वष" / Assessment Year:2005-06 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 आयकर अपील सं /I.Ta No.7093/Mum/2013 ("नधा"रण वष" / Assessment Year:2004-05 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 आयकर अपील सं /I.Ta No.6989/Mum/2013 ("नधा"रण वष" / Assessment Year:2004-05

section 50 is to be restricted only to the method of computing the capital gain and not for determining the nature of capital assets. " . The fact that assessee has disclosed the facts and legal position along with the computation of total income is also recognized by the assessing officer at Para 7 of the assessment order dated December

SKF INIDA LTD( SINCE MAY 19 2004 NAME HAS BEEN CHANGED FROM SKF BEARING INDIA LTD),MUMBAI vs. DCIT RG 4(3), MUMBAI

In the result, the appeal filed by the Revenue is dismissed and the appeals filed by the assessee are allowed

Bench: Shri Rajendra & Shri C.N. Prasadआयकर अपील सं /I.Ta No.7092/Mum/2013 ("नधा"रण वष" / Assessment Year:2002-03 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 Appellant Respondent आयकर अपील सं /I.Ta No.3558/Mum/2012 ("नधा"रण वष" / Assessment Year:2005-06 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 आयकर अपील सं /I.Ta No.7093/Mum/2013 ("नधा"रण वष" / Assessment Year:2004-05 M/S. Skf India Ltd., The Acit-4(3), बनाम/ (Formerly Known As Skf Aayakar Bhavan, Vs. Bearings India Ltd) Mumbai-400 020 Mahatama Gandhi Memorial Bldg., Netaji Subhash Road, Mumbai-400 002 आयकर अपील सं /I.Ta No.6989/Mum/2013 ("नधा"रण वष" / Assessment Year:2004-05

section 50 is to be restricted only to the method of computing the capital gain and not for determining the nature of capital assets. " . The fact that assessee has disclosed the facts and legal position along with the computation of total income is also recognized by the assessing officer at Para 7 of the assessment order dated December

JT. CIT (OSD) CENTRAL CIRCLE 5(1), MUMBAI vs. M/S ASPEN INTERNATIONAL PVT LTD., MUMBAI

In the result, appeals of the Revenue are allowed for statistical purposes and Cross Objections of the assessee are dismissed

158,20,785 357,55,020 297,47,206 299,64,323 16,04,32,675 Mercantile Ltd. M/s. Aspen 15,03,340 99,24,463 29,49,332 85,05,399 198,10,394 4,26,92,856 International Ltd. M/s. Sanman 31,60,227 105,96,724 246,95,532 3,84,52,483 Trade Impex

JT. CIT (OSD) CENTRAL CIRCLE 5(1), MUMBAI vs. M/S ASPEN INTERNATIONAL PVT LTD, MUMBAI

In the result, appeals of the Revenue are allowed for statistical purposes and Cross Objections of the assessee are dismissed

158,20,785 357,55,020 297,47,206 299,64,323 16,04,32,675 Mercantile Ltd. M/s. Aspen 15,03,340 99,24,463 29,49,332 85,05,399 198,10,394 4,26,92,856 International Ltd. M/s. Sanman 31,60,227 105,96,724 246,95,532 3,84,52,483 Trade Impex

JT. CIT (OSD) CENTRAL CIRCLE 5(1), MUMBAI vs. M/S ASPEN INTERNATIONAL PVT LTD, MUMBAI

In the result, appeals of the Revenue are allowed for statistical purposes and Cross Objections of the assessee are dismissed

158,20,785 357,55,020 297,47,206 299,64,323 16,04,32,675 Mercantile Ltd. M/s. Aspen 15,03,340 99,24,463 29,49,332 85,05,399 198,10,394 4,26,92,856 International Ltd. M/s. Sanman 31,60,227 105,96,724 246,95,532 3,84,52,483 Trade Impex

JT. CIT(OSD)CENTRAL CIRCLE-5(1), MUMBAI vs. M/S ASPEN INTERNATIONAL PVT. LTD , MUMBAI

In the result, appeals of the Revenue are allowed for statistical purposes and Cross Objections of the assessee are dismissed

158,20,785 357,55,020 297,47,206 299,64,323 16,04,32,675 Mercantile Ltd. M/s. Aspen 15,03,340 99,24,463 29,49,332 85,05,399 198,10,394 4,26,92,856 International Ltd. M/s. Sanman 31,60,227 105,96,724 246,95,532 3,84,52,483 Trade Impex

JT. CIT(OSD)CENTRAL CIRCLE-5(1), MUMBAI vs. M/S ASPEN INTERNATIONAL PVT. LTD, MUMBAI

In the result, appeals of the Revenue are allowed for statistical purposes and Cross Objections of the assessee are dismissed

158,20,785 357,55,020 297,47,206 299,64,323 16,04,32,675 Mercantile Ltd. M/s. Aspen 15,03,340 99,24,463 29,49,332 85,05,399 198,10,394 4,26,92,856 International Ltd. M/s. Sanman 31,60,227 105,96,724 246,95,532 3,84,52,483 Trade Impex

ITO 41(3)(1), MUMBAI, MUMBAI vs. DEEPIKA ANIL AGARWAL, MUMBAI

In the result the appeal filed by the revenue stands\ndismissed

capital gain and to rebut that these are not in\nthe nature of accommodation entries.\niv. It is submitted that the learned Assessing Officer failed to collect and bring\non record the evidences from MrAnil B Agarwal which was later retracted\nback by him. If at all said evidences are collected, copies of same have not\nbeen provided