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

2) and section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that as per the methodology adopted by the assessee for\ncomputation of the short-term capital gains, the assessee set off the short-\nterm capital loss (on which STT was paid), which is taxable at 15

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

2) and section 142(1) of the Act were issued and served on the assessee. During the assessment proceedings, it was observed that as per the methodology adopted by the assessee for computation of the short-term capital gains, the assessee set off the short- term capital loss (on which STT was paid), which is taxable at 15

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

2(42A), which means a capital asset which held by assessee for not more than 36 months immediately preceding date of transfer. The helicopter in question was undisputedly held for 36 months and, therefore, constitute a long term capital asset. Section 50 of the Act is a special provision for computing capital gain in respect of depreciable asset

RAMESH JAISINGHANI,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -5(2), MUMBAI

In the result, appeal of the assessee is allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

capital gain on the sale of shares of Polycab India Ltd. by applying the computation mechanism under section 55(2)(ac) read with section 112A of the Act? (ii) Whether, prior to the insertion of clause (AA) in Explanation (a)(iii) to section 55(2)(ac) by the Finance (No. 2) Act, 2024, there existed any statutory machinery for computing

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.

2(11) of the Act it does not cease to be part of block of assets and description of the asset by the assessee in the balance sheet as an investment is meaningless to avoid payment of tax on short term capital on sale of building. As long as assessee continues business, the building forming part of the block

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

gain arising from transfer of a short term capital asset but the\nrate of tax has to be applicable in terms of section 112 of the Act, because the\ntreatment of a short term capital asset is only a purpose of section 50 and not\notherwise can convert a 'long term capital asset' into a 'short term capital asset

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

gain arising from transfer of a short term capital asset but the rate of tax has to be applicable in terms of section 112 of the Act, because the treatment of a short term capital asset is only a purpose of section 50 and not otherwise can convert a 'long term capital asset' into a 'short term capital asset

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)

section 111A of the Act at the rate of 15%] 35. However, the Assessing Officer and DRP did not accept the Assessee’s treatment and recomputed the assessable capital gains as under: Short-term capital gains/ (loss) Taxable at 15% Taxable at 30% (STT paid) (Non-STT paid) Short-Term Capital Gains 88,21,26,634 2

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)

section 111A of the Act at the rate of 15%] 35. However, the Assessing Officer and DRP did not accept the Assessee’s treatment and recomputed the assessable capital gains as under: Short-term capital gains/ (loss) Taxable at 15% Taxable at 30% (STT paid) (Non-STT paid) Short-Term Capital Gains 88,21,26,634 2

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 143(3) read with section\n144C(13) of the Act dated 15 January 2025, Issued by the Deputy\nCommissioner of Income Tax (International Taxation) - 2(2)(2), Mumbai ['the\nlearned AO'] in pursuance of the directions under section 144C(5) of the Act\nissued by the Hon'ble DRP 1, Mumbai dated 5 December 2024 on the\nfollowing grounds

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

15 January 2025, issued by the Deputy\nCommissioner of Income Tax (International Taxation) - 2(2)(2), Mumbai ['the\nlearned AO"] in pursuance of the directions under section 144C(5) of the Act\nissued by the Hon'ble DRP - I, Mumbai dated 5 December 2024 on the following\ngrounds, each of which is without prejudice to and independent of the others

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

2) and section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\nParticulars\nShort-Term Capital Gains taxed at 30% under\nsection 115AD of the Act\nLess

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

2) and section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\nParticulars\nShort-Term Capital Gains taxed at 30% under\nsection 115AD of the Act\nAmounts

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

2) and section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\nParticulars\nAmounts (in INR)\nShort-Term Capital Gains taxed at 30% under\nsection 115AD

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

2) and section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\nParticulars\nShort-Term Capital Gains taxed at 30% under\nsection 115AD of the Act\nLess

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

2) and section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\n\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows: -\n\nParticulars\nAmounts (in INR)\nShort-Term Capital Gains taxed at 30% under\nsection

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

2) and section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\n\nParticulars\nAmounts (in INR)\nShort-Term Capital Gains taxed at 30% under\nsection 115AD

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

15 January 2025, issued by the Deputy\nCommissioner of Income Tax (International Taxation) - 2(2)(2), Mumbai ['the\nlearned AO"] in pursuance of the directions under section 144C(5) of the Act\nissued by the Hon'ble DRP - I, Mumbai dated 5 December 2024 on the following\ngrounds, each of which is without prejudice to and independent of the others

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' is determined\nas per sections 45 to 55A of the Act whilst sections 111A and 115AD only\nprovide for determination of tax in certain cases and therefore, gains arising\non transactions subjected to STT and those not subjected to STT are no\ndifferent and satisfy the 'similar computation' condition specified in section\n70(2