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

249 ITR 517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering CBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified in claiming carry forward of brought forward losses of the earlier years to the subsequent years and at the same time upheld assessee's claim of capital gains as exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

249 ITR\n517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering\nCBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified\nin claiming carry forward of brought forward losses of the earlier years to the\nsubsequent years and at the same time upheld assessee's claim of capital gains\nas exempt

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

section 90(2) of the Act the assessee can chose beneficial provisions out of Income e beneficial provisions out of Income e beneficial provisions out of Income-tax Act as well as under the DTAA. According to him as far as taxability of the well as under the DTAA. According to him as far as taxability of the well

ACIT CIRCLE-2(1)(1), MUMBAI vs. M/S BOMBAY DYEING & MANUFACTURING CO. LTD. , MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

gains arising from the transfer by way of conversion by the owner of a capita! asset into, or its treatment by him as stock way of conversion by the owner of capita! asset into, or its treatment by him as stock-in-trade of abusiness carried on by him shall be chargeable to ried on by him shall be chargeable

ACIT CIRCLE-2(1)(1), MUMBAI vs. M/S BOMBAY DYEING & MANUFACTURING CO. LTD. , MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

gains arising from the transfer by way of conversion by the owner of a capita! asset into, or its treatment by him as stock way of conversion by the owner of capita! asset into, or its treatment by him as stock-in-trade of abusiness carried on by him shall be chargeable to ried on by him shall be chargeable

THE BOMBAY DYEING & MANUFACTURING COMPANY LTD.,,MUMBAI vs. DCIT, C--2(1), MUMBAI, MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

gains arising from the transfer by way of conversion by the owner of a capita! asset into, or its treatment by him as stock way of conversion by the owner of capita! asset into, or its treatment by him as stock-in-trade of abusiness carried on by him shall be chargeable to ried on by him shall be chargeable

THE BOMBAY DYEING & MANUFACTURING COMPANY LTD.,,MUMBAI vs. DCIT, C--2(1), MUMBAI, MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

gains arising from the transfer by way of conversion by the owner of a capita! asset into, or its treatment by him as stock way of conversion by the owner of capita! asset into, or its treatment by him as stock-in-trade of abusiness carried on by him shall be chargeable to ried on by him shall be chargeable

PRASHANT KOTHARI,SINGAPORE vs. CIT A (57) MUMBAI, OFFICE OF COMMISSIONER OF APPEALS MUMBAI

In the result, the additional ground of\nappeal is allowed

section 48 where gains or loss is computed on the basis\nof individual asset and transaction and not on the basis of class of assets.\nTherefore, we have to agree with the argument of the learned senior counsel that\nevery transaction of a property is a different source of income for the assessee.\nHead of income is not the source

MATRIX PARTNERS INDIA INVESTMENT HOLDINGS, LLC,MAURITIUS vs. DEPUTY COMMISSIONER OF INCOME TAX, MUMBAI

In the result the appeal filed by the assessee stands partly allowed

Bench: Smt. Beena Pillai () & Ms. Padmavathy S ()

249 ITR 517 (SC) and CIT vs. Manmohan Das 59 ITR 699(SC) and also after considering CBDT Circular No.22 of 1944 dated 29/07/1944 held that the assessee is justified in claiming carry forward of brought forward losses of the earlier years to the subsequent years and at the same time upheld assessee's claim of capital gains as exempt