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 70 (2) of the act. 022. We find that several judicial precedents relied upon by the assessee also supports the case of the assessee. The honourable Calcutta High Court in Rungamatee Trexim ITA number 812 of 2008 dated 19 December 2008 held that there is no provision nor the act compels the assessee to lstset of short- term capital

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

160\ntaxmann.com 286\n4. Dy.DIT vs. M/s. DWS India Equity Fund, in ITA No.5055/Mum/2010, order\ndated 11.04.2012.\n15.\nThe learned DR could not show us any cogent reason to deviate from\nthe aforesaid judicial precedents. Therefore, respectfully following the\naforesaid decisions, we direct the AO to accept the methodology adopted by\nthe assessee for the computation of the capital gains

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

160\ntaxmann.com 286\n4. Dy.DIT vs. M/s. DWS India Equity Fund, in ITA No.5055/Mum/2010, order\ndated 11.04.2012.\n15. The learned DR could not show us any cogent reason to deviate from\nthe aforesaid judicial precedents. Therefore, respectfully following the\naforesaid decisions, we direct the AO to accept the methodology adopted by\nthe assessee for the computation of the capital gains

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

160\ntaxmann.com 286\n4. Dy.DIT vs. M/s. DWS India Equity Fund, in ITA No.5055/Mum/2010, order\ndated 11.04.2012.\n15. The learned DR could not show us any cogent reason to deviate from\nthe aforesaid judicial precedents. Therefore, respectfully following the\naforesaid decisions, we direct the AO to accept the methodology adopted by\nthe assessee for the computation of the capital gains

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

160\ntaxmann.com 286\n4. Dy.DIT vs. M/s. DWS India Equity Fund, in ITA No.5055/Mum/2010, order\ndated 11.04.2012.\n15. The learned DR could not show us any cogent reason to deviate from\nthe aforesaid judicial precedents. Therefore, respectfully following the\naforesaid decisions, we direct the AO to accept the methodology adopted by\nthe assessee for the computation of the capital gains

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

160\ntaxmann.com 286\n4. Dy.DIT vs. M/s. DWS India Equity Fund, in ITA No.5055/Mum/2010, order\ndated 11.04.2012.\n15. The learned DR could not show us any cogent reason to deviate from\nthe aforesaid judicial precedents. Therefore, respectfully following the\naforesaid decisions, we direct the AO to accept the methodology adopted by\nthe assessee for the computation of the capital gains

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

160\ntaxmann.com 286\n4. Dy.DIT vs. M/s. DWS India Equity Fund, in ITA No.5055/Mum/2010, order\ndated 11.04.2012.\n15. The learned DR could not show us any cogent reason to deviate from\nthe aforesaid judicial precedents. Therefore, respectfully following the\naforesaid decisions, we direct the AO to accept the methodology adopted by\nthe assessee for the computation of the capital gains

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 48 to 55 of the act but it does not relate to the tax rate applicable on such gain. For this proposition he relied upon the decision of the coordinate bench in case of 33 SOT 26 in case of first State investments (Hong Kong) Ltd, J P Morgan fund (ITA number 2862/MUL/2022 dated 21st of March

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 48 to 55 of the act but it does not relate to the tax rate applicable on such gain. For this proposition he relied upon the decision of the coordinate bench in case of 33 SOT 26 in case of first State investments (Hong Kong) Ltd, J P Morgan fund (ITA number 2862/MUL/2022 dated 21st of March

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 48 to 55 of the act but it does not relate to the tax rate applicable on such gain. For this proposition he relied upon the decision of the coordinate bench in case of 33 SOT 26 in case of first State investments (Hong Kong) Ltd, J P Morgan fund (ITA number 2862/MUL/2022 dated 21st of March

ISHARES EMSC MAURITIUS CO ,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 48 to 55 of the act but it does not relate to the tax rate applicable on such gain. For this proposition he relied upon the decision of the coordinate bench in case of 33 SOT 26 in case of first State investments (Hong Kong) Ltd, J P Morgan fund (ITA number 2862/MUL/2022 dated 21st of March

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 48 to 55 of the act but it does not relate to the tax rate applicable on such gain. For this proposition he relied upon the decision of the coordinate bench in case of 33 SOT 26 in case of first State investments (Hong Kong) Ltd, J P Morgan fund (ITA number 2862/MUL/2022 dated 21st of March

TMF HOLDING LTD.,MUMBAI vs. PR. CIT -1, MUMBAI

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Bletmf Holdings Ltd., V. Pr.Cit – 1 {Formerly Known As Tata Motors Finance Ltd.,} 3Rd Floor, Room No. 330 10Th Floor, 106 A & B Aayakar Bhavan, M.K. Road Maker Chamber-Iii Mumbai - 400020 Nariman Point, Mumbai Pan: Aacct4644A (Appellant) (Respondent) Shri Nikhil Tiwari Assessee By : Department By : Shri S.N. Kabra

capital gains tax, and hence no disallowance under section 14A is warranted; 18. without prejudice to the above, erred in directing Assessing Officer to make disallowance of expenditure under section 14A of the Act without appreciating that the appellant had sufficient interest free own funds and hence no interest can be disallowed under section 14A of the Act; The Appellant

ITO 25(2)(1), MUMBAI vs. JAGDISH C. DHABALIA, MUMBAI

Bench: Shri Amit Shukla & Shri Ashwani Taneja

160 as relied upon by the CIT(A) in the impugned order, which was already available. In the said case the Tribunal held that provisions of section 50C are for the purpose of computation u/s 48 only and not applicable for section 54EC and hence, the assessee would be entitled to complete exemption of long-term-capital-gain

ITO 25(2)(2), MUMBAI vs. MEHUL J DHABALIA, MUMBAI

Bench: Shri Amit Shukla & Shri Ashwani Taneja

160 as relied upon by the CIT(A) in the impugned order, which was already available. In the said case the Tribunal held that provisions of section 50C are for the purpose of computation u/s 48 only and not applicable for section 54EC and hence, the assessee would be entitled to complete exemption of long-term-capital-gain

SUKHPAL SINGH AHLUWALIA,MUMBAI vs. ITO (INTERNATIONAL TAXATION) WARD 1(1)(1), MUMBAI

In the result, appeal of assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Raj Kumar Chauhan, Jm Income Tax Officer Sukhpal Singh Ahluwalia (International Tax) Ward 6/24, Milan Building, 1(1)(1), 87, Tardeo Road, Room No.1817A, 18 Th Vs. Opp. Tardeo A C Market, Floor, Air India Building, Mumbai-400 034 Nariman Point, Mumbai-400 021 (Appellant) (Respondent) Pan No. Azupa6884D Assessee By : Shri Rashmikant C. Modi & Ms. Ketki Rajeshirke, Ars Revenue By : Shri Soumendu Kumar Sash, Dr Date Of Hearing: 18.04.2024 27.05.2024 Date Of Pronouncement :

gain against available long term capital Loss. He referred to the provisions of section 70 of the Act and submits that assessee is eligible for the same. It Sukhpal Singh Ahluwalia; A.Y. 2019-20 is further submitted that issue is covered in favour of the assessee by the following decisions:- i. JS Capital LLC[2024] 160

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

160\ntaxmann.com 286\n4. Dy.DIT vs. M/s. DWS India Equity Fund, in ITA No.5055/Mum/2010, order\ndated 11.04.2012.\n17. The learned DR could not show us any cogent reason to deviate from\nthe aforesaid judicial precedents. Therefore, respectfully following the\naforesaid decisions, we direct the AO to accept the methodology adopted by\nthe assessee for the computation of the capital gains

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

160\ntaxmann.com 286\n4. Dy.DIT vs. M/s. DWS India Equity Fund, in ITA No.5055/Mum/2010, order\ndated 11.04.2012.\n17. The learned DR could not show us any cogent reason to deviate from\nthe aforesaid judicial precedents. Therefore, respectfully following the\naforesaid decisions, we direct the AO to accept the methodology adopted by\nthe assessee for the computation of the capital gains

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

160\ntaxmann.com 286\n4. Dy.DIT vs. M/s. DWS India Equity Fund, in ITA No.5055/Mum/2010, order\ndated 11.04.2012.\n17. The learned DR could not show us any cogent reason to deviate from\nthe aforesaid judicial precedents. Therefore, respectfully following the\naforesaid decisions, we direct the AO to accept the methodology adopted by\nthe assessee for the computation of the capital gains