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

1, Mumbai dated 5 December 2024 on the\nfollowing grounds, each of which is without prejudice to and independent\nOn the facts and in the circumstances of the case and in law, the learned AO/\nHon'ble DRP:\nGeneral\n1. Erred in assessing the total income of the Appellant at Rs.1,00,35,11,480\ninstead of the returned income

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 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 234B of the Act, which is consequential\nin nature. Therefore, the same needs no separate adjudication.\n66.\nGround no.15, raised in assessee's appeal, pertains to the initiation of\npenalty proceedings under section 270A of the Act, which is premature in\nnature. Therefore, the said ground is dismissed.\n43\nITAs

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 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 270A of the Act, which is premature in\nnature. Therefore, the said ground is dismissed.\n67. In the result, the appeal by the assessee is partly allowed for statistical\npurposes.\n42\nITAs No. 2085, 2134, 2147, 2148, 2149, 2150, 2151, 2152, 2153, 2154/Mum/2025 43\nITA No. 2150/Mum/2025\nIShare MSCI Emerging Markets ETF – A.Y. 2022-23\n68. In this appeal

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

section 14A of the Act read with Rule 8D of the Income 1962 ("the Rules"). M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing Co. Ltd. ITA Nos. 4484, 4485, 4291 & 4293/M/2019 GROUND NO. 3 - SHORT CREDIT OF TDS; Rs. 1,44,21,9757 SHORT CREDIT OF TDS; Rs. 1,44,21,9757-: 1. On the facts

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

section 14A of the Act read with Rule 8D of the Income 1962 ("the Rules"). M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing Co. Ltd. ITA Nos. 4484, 4485, 4291 & 4293/M/2019 GROUND NO. 3 - SHORT CREDIT OF TDS; Rs. 1,44,21,9757 SHORT CREDIT OF TDS; Rs. 1,44,21,9757-: 1. On the facts

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

section 14A of the Act read with Rule 8D of the Income 1962 ("the Rules"). M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing Co. Ltd. ITA Nos. 4484, 4485, 4291 & 4293/M/2019 GROUND NO. 3 - SHORT CREDIT OF TDS; Rs. 1,44,21,9757 SHORT CREDIT OF TDS; Rs. 1,44,21,9757-: 1. On the facts

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

section 14A of the Act read with Rule 8D of the Income 1962 ("the Rules"). M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing Co. Ltd. ITA Nos. 4484, 4485, 4291 & 4293/M/2019 GROUND NO. 3 - SHORT CREDIT OF TDS; Rs. 1,44,21,9757 SHORT CREDIT OF TDS; Rs. 1,44,21,9757-: 1. On the facts

TMF HOLDING LTD.,MUMBAI vs. PR. CIT -1, MUMBAI

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Bletmf Holdings Ltd., V. Pr.Cit – 1 {Formerly Known As Tata Motors Finance Ltd.,} 3Rd Floor, Room No. 330 10Th Floor, 106 A & B Aayakar Bhavan, M.K. Road Maker Chamber-Iii Mumbai - 400020 Nariman Point, Mumbai Pan: Aacct4644A (Appellant) (Respondent) Shri Nikhil Tiwari Assessee By : Department By : Shri S.N. Kabra

1 December 2015 (Refer page 51 to 55 of Paperbook) which was on record at the time of assessment proceedings, sought an inquiry in respect of the capital gains claimed and declared the same as not chargeable under section 47(iv) of the Act. 33. However, the PCIT invoked proceedings under section 263 of the Act in this regard

SUKHPAL SINGH AHLUWALIA,MUMBAI vs. ITO (INTERNATIONAL TAXATION) WARD 1(1)(1), MUMBAI

In the result, appeal of assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Raj Kumar Chauhan, Jm Income Tax Officer Sukhpal Singh Ahluwalia (International Tax) Ward 6/24, Milan Building, 1(1)(1), 87, Tardeo Road, Room No.1817A, 18 Th Vs. Opp. Tardeo A C Market, Floor, Air India Building, Mumbai-400 034 Nariman Point, Mumbai-400 021 (Appellant) (Respondent) Pan No. Azupa6884D Assessee By : Shri Rashmikant C. Modi & Ms. Ketki Rajeshirke, Ars Revenue By : Shri Soumendu Kumar Sash, Dr Date Of Hearing: 18.04.2024 27.05.2024 Date Of Pronouncement :

section 254 of the Income-tax Act, 1961 (the Act) dated 4thAugust 2023. Brief facts of the case show that assessee is a non-resident 02. Indian. He is deriving income from salaries, capital gains and other sources. He filed his return of Income [ROI] on 1/8/2019 at Rs 13,94,170/-. Draft Assessment order was passed on 29/09/2021

ACIT, CIRCLE 3(1)(2), MUMBAI vs. M/S EUROFINANCE TRAININF & PUBLISHING PVT. LTD., MUMBAI

In the result, appeal by the Revenue is dismissed

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

section 254(1) of the Act was recalled and appeal was directed to be fixed for hearing afresh. 3. In this appeal, the Revenue has raised following grounds:– “1. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) was justified in directing the AO to tax capital gain

ITO (IT) 3(2)(1), MUMBAI vs. NITA NARENDRA MULANI, MUMBAI

In the result the appeal of the Revenue is dismissed

Bench: Shri Pawan Singh & Shri N.K. Pradhanito (It)-3(2)(1), Smt. Nita Narendra Mulani R. No. 104, Scindia House, C/O Hajeetsingh Bubber, Ballard Pier, Vs. Cci Project Pvt. Ltd. 6, Mumbai-38. Shoorji Vallabhdas Marg, Laxmi Building, Ballard Estate, Mumbai-400001. Pan: Atqpm0689Q Appellant Respondent Appellant By : Shri N.S. Jangpangi (Cit-Dr) Respondent By : Shri Hitesh Trivedi (Ar) Date Of Hearing : 16.07.2018 Date Of Pronouncement : 25.07.2018 Order Under Section 254(1)Of Income Tax Act Per Pawan Singh;

254(1)OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER; 1. This appeal by Revenue is directed against the order of ld. Commissioner of Income-tax-57, Mumbai [ld. CIT] passed under section 143(3) dated 23.11.2015 for Assessment Year 2011-12. The Revenue has raised the following grounds of appeal: l. Whether in facts and circumstances

ASSISTANT COMMISSIONER OF INCOME TAX-24(1), MUMBAI vs. ANIL GULABDAS SHAH, MUMBAI

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.5134/Mum/2017 & Co. No. 319/Mum/2018 (िनधा"रण वष" / Assessment Year: 2012-13) Acit – 24(1) Shri Anil Gulabdas Shah, Room No. 604, 6Th Floor, B-1601, Titanium Towers बनाम/ 16Th Floor, Jai View Chsl Piramal Chamber, Parel Vs. Sahakar Nagar, Andheri (W) Mumbai. Mumbai – 400 058 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bmfps-8959-E (अपीलाथ"/Appellant)/Respondent (""थ" / Respondent)/Appellant : Revenue By : Shri Satish Chandra Rajore- Ld. Dr Assessee By : Shri Anil G. Shah – Assessee-In-Person सुनवाई की तारीख/ : 05/08/2019 Date Of Hearing घोषणा की तारीख / : 09/08/2019 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (): - 1. Aforesaid Appeal By Revenue For Assessment Year [In Short Referred To As ‘Ay’] 2012-13 Contest The Order Of Ld. Commissioner Of Income- Tax (Appeals)-36, Mumbai, [In Short Referred To As ‘Cit(A)’], Appeal No. Cit(A)-36/It-217/Acit-24(1)/15-16 Dated 26/05/2017 On Following Grounds Of Appeal: -

1) of the Act. Therefore, the question of treating the same as income from other sources would not arise at all. Therefore, right to sue cannot be subjected to income tax under the head 'capital gains'. The fact brought to my knowledge by the AO in the remand report that in nutshell, ongoing through set aside order

ICICI BANK LTD.,MUMBAI vs. THE DY CIT -2(3)(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Icici Bank Ltd. The Dy. Commissioner Of Icici Bank Towers, Income-Tax 2(3)(1) Bandra Kurla Complex, Aaykar Bhavan, Vs. 5Th Floor, Room No.552, Badra (East), Mumbai-400 051 M.K. Road, Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaaci1195H

254,51,40,318/- on consideration of 5th proviso to Section 32(1) of the Act. ix. Addition of ₹39,97,71,317/- of broken period interest paid on purchase of securities held under maturity category holding that such interest is to be included in the purchase cost of such securities. x. Disallowance of ESOP expenditure

SANTOSH MARESHWAR RACK VI,MUMBAI vs. ITO WARD 2(2), THANE

In the result, the appeal filed by the assessee is hereby ordered to be allowed

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.2021/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) Santosh Moreshwar Rack Vi बिधम/ Ito Ward 2(2) 3/37, Anand Ashray, Ram Commissioner Of Income Vs. Mandir Road, Bhayander Tax(A)-1, Room No.30, B Wing, 6Th (W), Thane-401101. Floor, Ashar I.T. Park, Road No.16Z, Wagle Estate, Thane-400604. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajfpr6634P (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Nikhil A. Rajadhyaksha Revenue By: Shri Chaudhary Arun Kumar Singh (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 15/07/2019 घोषणा की तारीख /Date Of Pronouncement: 19/07/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 19.02.2018 Passed By The Commissioner Of Income Tax (Appeals) -1, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012- 13. 2. The Assessee Has Raised The Following Grounds: - “1. That The Ito Ward 2(2), Thane & The Learned Commissioner Of Income Tax (Appeals) - 1, Thane Erred On Facts & In Law In Not Appreciating The Fact That This Matter Has Been Decided By The Itat A.Y.2012-13

254, New & 810 Sq. Survey No. 41, meter Hissa No. 9 & Old Survey No 252, New S. No. 43, Hissa No. 43, Village Navghar, Tal Bhayander. 3 Old survey No. 1870 Sq meter 16.12.2011 17,73,000/- 12,56,493/- 272, New & 100 Sq Survey No. 84, meter Hissa No. 1 & Old Survey No 271, New S. No. 82, Hissa

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-6(4), MUMBAI vs. SHRI NARENDRA GEHLAUT, MUMBAI

In the result, the appeal filed by the Revenue is partly allowed e appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2017-18 The Dy. Cit, Central Circle-6(4), Shri Narendra Gehlaut, Room No. 1925, 19Th Floor, Air 875, Sector – 17B, Gurgaon, India Building, Nariman Point, Vs. Haryana, 122 001. Mumbai-400021. Pan No. Aazpg 9630 K Appellant Respondent

section 56(2)(vii) of the Act. (e) The Assessing Officer also held the cash found at the The Assessing Officer also held the cash found at the The Assessing Officer also held the cash found at the residence of residence of residence of the the the assessee assessee assessee amounting amounting to amounting to to Rs.2,78,000/- Rs.2

THERMO FISHER SCIENTIFIC INDIA PVT LTD. ,MUMBAI vs. DCIT-15(3)(1), MUMBAI

In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 Thermo Fisher Scientific India Dy. Cit-15(3)(1), Pvt. Ltd., Room No. 360, Aayakar Vs. 403-404, ‘B’ Wing, Delphi, Bhavan, New Marine Lines, Hiranandani Business Park, Mumbai-400020. Mumbai-400076. Pan No. Aabct 3207 A Appellant Respondent

254 of the Act denying the claim of depreciation on goodwill. the claim of depreciation on goodwill. 5. Before us the ld. Counsel of the assessee submitted Before us the ld. Counsel of the assessee submitted Before us the ld. Counsel of the assessee submitted that AO himself has accepted the Goodwill himself has accepted the Goodwill as a depreciable