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) read with section 144C(13) of the Act, computing 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. Being aggrieved, the assessee is in appeal before us. 24. We have considered the submissions of both

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

3) read with\nsection 144C(13) of the Act, computing the balance long-term capital gains\nafter set off of brought forward long-term capital loss at Rs. 23146,80,17,238\nas against Rs. 22428,61,93,813 computed by the assessee. Being aggrieved,\nthe assessee is in appeal before us.\n24. We have considered the submissions of both

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

3. As per India Mauritius DTAA read with section 90(2), capital gains are\nto be taxed based on the place of residence of the recipient, by granting relief\nof tax on such gains in India. Admittedly, the treaty is silent in respect of the\nloss if earned by an assessee and leaves it unclear whether, one has to deduce

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

3. As per India Mauritius DTAA read with section 90(2), capital gains are\nto be taxed based on the place of residence of the recipient, by granting relief\nof tax on such gains in India. Admittedly, the treaty is silent in respect of the\nloss if earned by an assessee and leaves it unclear whether, one has to deduce

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

3. As per India Mauritius DTAA read with section 90(2), capital gains are\nto be taxed based on the place of residence of the recipient, by granting relief\nof tax on such gains in India. Admittedly, the treaty is silent in respect of the\nloss if earned by an assessee and leaves it unclear whether, one has to deduce

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

3. As per India Mauritius DTAA read with section 90(2), capital gains are\nto be taxed based on the place of residence of the recipient, by granting relief\nof tax on such gains in India. Admittedly, the treaty is silent in respect of the\nloss if earned by an assessee and leaves it unclear whether, one has to deduce

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

3. As per India Mauritius DTAA read with section 90(2), capital gains are\nto be taxed based on the place of residence of the recipient, by granting relief\nof tax on such gains in India. Admittedly, the treaty is silent in respect of the\nloss if earned by an assessee and leaves it unclear whether, one has to deduce

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

3. As per India Mauritius DTAA read with section 90(2), capital gains are\nto be taxed based on the place of residence of the recipient, by granting relief\nof tax on such gains in India. Admittedly, the treaty is silent in respect of the\nloss if earned by an assessee and leaves it unclear whether, one has to deduce

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

3. As per India Mauritius DTAA read with section 90(2), capital gains are\nto be taxed based on the place of residence of the recipient, by granting relief\nof tax on such gains in India. Admittedly, the treaty is silent in respect of the\nloss if earned by an assessee and leaves it unclear whether, one has to deduce

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

3. As per India Mauritius DTAA read with section 90(2), capital gains are\nto be taxed based on the place of residence of the recipient, by granting relief\nof tax on such gains in India. Admittedly, the treaty is silent in respect of the\nloss if earned by an assessee and leaves it unclear whether, one has to deduce

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

3. As per India Mauritius DTAA read with section 90(2), capital gains are\nto be taxed based on the place of residence of the recipient, by granting relief\nof tax on such gains in India. Admittedly, the treaty is silent in respect of the\nloss if earned by an assessee and leaves it unclear whether, one has to deduce

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

3. As per India Mauritius DTAA read with section 90(2), capital gains are\nto be taxed based on the place of residence of the recipient, by granting relief\nof tax on such gains in India. Admittedly, the treaty is silent in respect of the\nloss if earned by an assessee and leaves it unclear whether, one has to deduce

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

3) (of the 1922 Act) would include profit and loss from the business of the assessee’s spous business of the assessee’s spouse and minor children and e and minor children and accordingly upheld brought forward of business loss of such accordingly upheld brought forward of business loss of such accordingly upheld brought forward of business loss of such

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

3,245,102,102 As it is apparent that from the above details that LTCG of Rs. 206, As it is apparent that from the above details that LTCG of Rs. 6,09,36,801/- was offered by the assessee applying percentage completion method and taking offered by the assessee applying percentage completion method and taking offered by the assessee

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

3,245,102,102 As it is apparent that from the above details that LTCG of Rs. 206, As it is apparent that from the above details that LTCG of Rs. 6,09,36,801/- was offered by the assessee applying percentage completion method and taking offered by the assessee applying percentage completion method and taking offered by the assessee

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

3,245,102,102 As it is apparent that from the above details that LTCG of Rs. 206, As it is apparent that from the above details that LTCG of Rs. 6,09,36,801/- was offered by the assessee applying percentage completion method and taking offered by the assessee applying percentage completion method and taking offered by the assessee

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

3,245,102,102 As it is apparent that from the above details that LTCG of Rs. 206, As it is apparent that from the above details that LTCG of Rs. 6,09,36,801/- was offered by the assessee applying percentage completion method and taking offered by the assessee applying percentage completion method and taking offered by the assessee

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

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

3. As per India Mauritius DTAA read with section 90(2), capital gains\nare to be taxed based on the place of residence of the recipient, by granting\nrelief of tax on such gains in India. Admittedly, the treaty is silent in respect\nof the loss if earned by an assessee and leaves it unclear whether, one has\nto deduce

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