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

3. erred in holding that long term capital gains not chargeable to tax under the IM Treaty form part of the 'total income' of the Appellant as per section 2(24) of the Act read with section 4 and 5 4. erred in holding that mode of computation of capital gains should be as per the provisions

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)

3. Failed to appreciate that section 70 of the Act does not provide any hierarchy for set-off of losses, the short-term capital loss arising from sale of shares subjected to STT can be first set-off against the short-term capital gains arising from sale of securities not subjected to STT instead of short-term capital gains arising

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)

3. Failed to appreciate that section 70 of the Act does not provide any hierarchy for set-off of losses, the short-term capital loss arising from sale of shares subjected to STT can be first set-off against the short-term capital gains arising from sale of securities not subjected to STT instead of short-term capital gains arising

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

234B of the Act amounting to Rs.\n49,638,028;\nLevy of interest under section 234C of the Act - Rs.3,57,020\n15. erred in levying interest under Section 234C of the Act amounting to Rs.\n357,020;\nInitiation of penal proceedings under section 270A of the Act\n16. Erred in initiating penalty under section 270A of the Act alleging

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

234B of the Act amounting to Rs.\n49,638,028;\nLevy of interest under section 234C of the Act - Rs.3,57,020\n15. erred in levying interest under Section 234C of the Act amounting to Rs.\n357,020;\nInitiation of penal proceedings under section 270A of the Act\n16. Erred in initiating penalty under section 270A of the Act alleging

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

234B of the Act amounting to Rs.\n49,638,028;\nLevy of interest under section 234C of the Act - Rs.3,57,020\n15. erred in levying interest under Section 234C of the Act amounting to Rs.\n357,020;\nInitiation of penal proceedings under section 270A of the Act\n16. Erred in initiating penalty under section 270A of the Act alleging

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

234B of the Act amounting to Rs.\n49,638,028;\n\nLevy of interest under section 234C of the Act - Rs.3,57,020\n\n15. erred in levying interest under Section 234C of the Act amounting to Rs.\n357,020;\n\nInitiation of penal proceedings under section 270A of the Act\n\n16. Erred in initiating penalty under section 270A

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

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

234B of the Act amounting to Rs.\n49,638,028;\n\nLevy of interest under section 234C of the Act - Rs.3,57,020\n\n15. erred in levying interest under Section 234C of the Act amounting to Rs.\n357,020;\n\nInitiation of penal proceedings under section 270A of the Act\n\n16. Erred in initiating penalty under section 270A

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 losses\nadopted by the Appellant and thereby, taxing the gross short-term capital\ngains in respect of transactions on the sale of shares not chargeable to\nSecurities Transaction Tax ('STT\").\n3. failed to appreciate that income under the head 'Capital Gains' is determined\nas per sections 45 to 55A of the Act whilst sections 111A and 115AD only\nprovide

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

234B of the Act amounting to Rs.\n49,638,028;\nLevy of interest under section 234C of the Act - Rs.3,57,020\n15. erred in levying interest under Section 234C of the Act amounting to Rs.\n357,020;\nInitiation of penal proceedings under section 270A of the Act\n16. Erred in initiating penalty under section 270A of the Act alleging

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

234B of the Act amounting to Rs.\n49,638,028;\nLevy of interest under section 234C of the Act - Rs.3,57,020\n15. erred in levying interest under Section 234C of the Act amounting to Rs.\n357,020;\nInitiation of penal proceedings under section 270A of the Act\n16. Erred in initiating penalty under section 270A of the Act alleging

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

234B of the Act amounting to Rs.\n49,638,028;\nLevy of interest under section 234C of the Act - Rs.3,57,020\n15. erred in levying interest under Section 234C of the Act amounting to Rs.\n357,020;\nInitiation of penal proceedings under section 270A of the Act\n16. Erred in initiating penalty under section 270A of the Act alleging

FIDELITY RUTLAND SQUARE TRUST II STRATEGIC ADVISERS FID EMG MARKETS FUND ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION )2(3)(1), MUMBAI

234B and section\n234C of the Act amounting to INR 26,946,836 and\nINR.583,049 respectively.\n\nInitiating penalty proceedings under section 270A of the\nAct.\n\n9.\nErred in initiating penalty under section 270A of the Act\nalleging under reporting of income by the Appellant.”\n\n34.\nThe relevant facts in brief are that the Assessee, a trust

FIDELITY RUTLAND SQUARE TRUST II STRATEGIC ADVISERS EMERGING MARKETS FUND ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION), MUMBAI

The appeals are partly allowed

234B and section\n234C of the Act amounting to INR 26,946,836 and\nINR.583,049 respectively.\nInitiating penalty proceedings under section 270A of the\nAct.\n9. Erred in initiating penalty under section 270A of the Act\nalleging under reporting of income by the Appellant.”\n35. The relevant facts in brief are that the Assessee, a trust\norganized

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

3) read with\nsection 144C(13) of the Act dated 15 January 2025, issued by the\nDeputy Commissioner of Income Tax (International Taxation)-2(2)(1),\nMumbai [`the learned AO'] in pursuance of the directions under section\n144C(5) of the Act issued by the Hon'ble DRP-1, Mumbai dated 2\nDecember 2024 on the following grounds, each

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

3) read with\nsection 144C(13) of the Act dated 15 January 2025, issued by the\nDeputy Commissioner of Income Tax (International Taxation)-2(2)(1),\nMumbai [`the learned AO'] in pursuance of the directions under section\n144C(5) of the Act issued by the Hon'ble DRP-1, Mumbai dated 2\nDecember 2024 on the following grounds, each

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

3) read with\nsection 144C(13) of the Act dated 15 January 2025, issued by the\nDeputy Commissioner of Income Tax (International Taxation)-2(2)(1),\nMumbai [`the learned AO'] in pursuance of the directions under section\n144C(5) of the Act issued by the Hon'ble DRP-1, Mumbai dated 2\nDecember 2024 on the following grounds, each