ISHARES CORE MSCI EMERGING MARKETS ETF (AS A SUCCESSOR TO ISHARES CORE EMERGING MARKETS MAURITIUS COMPANY ,MUMBAI vs. DCIT (TP) 2(2)(2), 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 4 of the Act. Consequently, the AO computed the balance long-term capital gains after set off of brought forward long-term capital loss at Rs. 23146,80,17,238 as against Rs. 22428,61,93,813 computed by the assessee. 22

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.

22. Section 2(42B) of the Act defines short term capital gains, “a short term capital gains means capital gains

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

22. Section 2(42B) of the Act defines short term capital gains, "a short term capital gains means capital gains

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

capital in\nnature after completion of project when revenue had already been recognized\nfrom the project?\"\nThe assessee before us also filed additional ground which reads as under:\nAdditional Ground No. III: Allowability of maintenance expenses of Rs.\n92.32.199/-\nOn the facts and in the circumstances of the case and in law, the maintenance\nexpenditure

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

gain in India which is in violation of Article 13(3)(4) of DTAA as it stood\nprior to amendment.\n\n8. Now we shall examine the provision relating to carry forward of the loss\nsuffered from sale of shares of Maharana the assessee in the present case as\ncarry forwarded long-term capital loss as per section

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

gain in India which is in violation of Article 13(3)(4) of DTAA as it stood\nprior to amendment.\n8. Now we shall examine the provision relating to carry forward of the loss\nsuffered from sale of shares of Maharana the assessee in the present case as\ncarry forwarded long-term capital loss as per section

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

gain in India which is in violation of Article 13(3)(4) of DTAA as it stood\nprior to amendment.\n8. Now we shall examine the provision relating to carry forward of the loss\nsuffered from sale of shares of Maharana the assessee in the present case as\ncarry forwarded long-term capital loss as per section

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

gain in India which is in violation of Article 13(3)(4) of DTAA as it stood\nprior to amendment.\n\n8. Now we shall examine the provision relating to carry forward of the loss\nsuffered from sale of shares of Maharana the assessee in the present case as\ncarry forwarded long-term capital loss as per section

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

gain in India which is in violation of Article 13(3)(4) of DTAA as it stood\nprior to amendment.\n8. Now we shall examine the provision relating to carry forward of the loss\nsuffered from sale of shares of Maharana the assessee in the present case as\ncarry forwarded long-term capital loss as per section

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

section 70 of the Act does not\nprovide any hierarchy for set-off of losses, the short-term capital loss arising\nfrom sale of shares subjected to STT can be first set-off against the short-term\ncapital gains arising from sale of securities not subjected to STT instead of\nshort-term capital gains arising 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

gain in India which is in violation of Article 13(3)(4) of DTAA as it stood\nprior to amendment.\n8. Now we shall examine the provision relating to carry forward of the loss\nsuffered from sale of shares of Maharana the assessee in the present case as\ncarry forwarded long-term capital loss as per section

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

gain in India which is in violation of Article 13(3)(4) of DTAA as it stood\nprior to amendment.\n8. Now we shall examine the provision relating to carry forward of the loss\nsuffered from sale of shares of Maharana the assessee in the present case as\ncarry forwarded long-term capital loss as per section

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

gain in India which is in violation of Article 13(3)(4) of DTAA as it stood\nprior to amendment.\n8. Now we shall examine the provision relating to carry forward of the loss\nsuffered from sale of shares of Maharana the assessee in the present case as\ncarry forwarded long-term capital loss as per section

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

section 70 of the Act does not\nprovide any hierarchy for set-off of losses, the short-term capital loss arising\nfrom sale of shares subjected to STT can be first set-off against the short-term\ncapital gains arising from sale of securities not subjected to STT instead of\nshort-term capital gains arising 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

capital gains' (loss) On derivatives (63,840) (63,840) On Mutual Funds (452,624) (452,624) covered under seclion 112A] Equity shares 695,755,142 683,968,998 1,932,611 [1] 1,932,611 covered under section 112AJ Total (B) 695,236,678 663,452,534 1,932,611 1,932,611 [1]"After set-off of short- -term

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 – 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

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 – 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 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