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

269 taxable at 15% under section 111A of the Act after allowing setting off of brought forward short-term capital loss taxable at 15% amounting to Rs. 796,57,16,860 and the net short-term capital gains

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

gains\n1746,90,89,129\n62,90,458\nShort-term capital loss other than\nthose covered under section 111A\nof the Act\n(796,57,16,860)\nNIL\nShort-term capital loss covered\nunder section 111A of the Act\n950,33,72,269

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 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

Capital losses adopted\nby the Appellant\n2. erred in rejecting the hierarchy of set-off of short-term 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

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

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

section 70, then there must be set off first then only\nthe remaining loss will be carried forward. The AO held that if the income itself\nis not part of total income, then the application of treaty benefits does not\narise. Accordingly, the AO concluded that the loss can be set off against the\ngains which have been claimed

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 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

section 143(3) read with section\n144C(13) of the Act dated 15 January 2025, Issued by the Deputy\nCommissioner of Income Tax (International Taxation) - 2(2)(2), Mumbai ['the\nlearned AO'] in pursuance of the directions under section 144C(5) of the Act\nissued by the Hon'ble DRP 1, Mumbai dated 5 December 2024 on the\nfollowing grounds

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

BHAVANA LALIT JAIN,NAVI MUMBAI vs. INCOME TAX OFFICER, WD-15(1)(1), MUMBAI

The appeals are allowed

Bench: Shri Prashant Maharishi, Am & Shriraj Kumar Chauhan, Jm

capital gain filed the documentary evidence such as contract notes, confirmation of SEBI registered stockbrokers, purchase bills, payment receipt, share certificate, Demat statement, bank statements, rate publication of Bombay stock exchange, advertisement issued by the seller in newspaper and other documents. Though the assessee had made off market purchase of the shares, but the payment has been made through banking

ITO-28.3.1, NAVI MUMBAI vs. SEEMA NARENDRA BAPNA, NERUL

In the result both the grounds of appeal are dismissed

Bench: Shri Prashant Maharishi, Am & Shri Raj Kumar Chauhan, Jm A.Y.2014-15 Ito,28.3.1, Seema Narendra Bapna, Mumbai Flat No.A 2701, Plot No. R3 B Emerald Bay, Sector Vs. 14 Nerul, Navi Mumbai, Thane 400706

capital gain filed the documentary evidence such as contract notes, confirmation of SEBI registered stockbrokers, purchase bills, payment receipt, share certificate, Demat statement, bank statements, rate publication of Bombay stock exchange, advertisement issued by the seller in newspaper and other documents. Though the assessee had made off market purchase of the shares, but the payment has been made through banking

INTERNATIONAL FINANCIAL SERVICES LTD MUMBAI,MUMBAI vs. DCIT CC 2(2) , MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

section 132(4) of the Income Tax Act, 1961 on 13.04.2013 and I also confirm that I have perused the contents of the same." 7.14 In question no. 17, very detailed and elaborate modus operandi adopted by Shri Shirish Shah was confronted to Jasmine Ajmera, who replied as below for the question no. 17. "Ans: I agree with the modus

ALPESH K AJMERA ,MUMBAI vs. DCIT CC 2(2), MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

section 132(4) of the Income Tax Act, 1961 on 13.04.2013 and I also confirm that I have perused the contents of the same." 7.14 In question no. 17, very detailed and elaborate modus operandi adopted by Shri Shirish Shah was confronted to Jasmine Ajmera, who replied as below for the question no. 17. "Ans: I agree with the modus

MANISH K AJMERA ,MUMBAI vs. DCIT CC 2(2) , MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

section 132(4) of the Income Tax Act, 1961 on 13.04.2013 and I also confirm that I have perused the contents of the same." 7.14 In question no. 17, very detailed and elaborate modus operandi adopted by Shri Shirish Shah was confronted to Jasmine Ajmera, who replied as below for the question no. 17. "Ans: I agree with the modus

REENA A AJMERA ,MUMBAI vs. DCIT CC 2(2) , MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

section 132(4) of the Income Tax Act, 1961 on 13.04.2013 and I also confirm that I have perused the contents of the same." 7.14 In question no. 17, very detailed and elaborate modus operandi adopted by Shri Shirish Shah was confronted to Jasmine Ajmera, who replied as below for the question no. 17. "Ans: I agree with the modus

AVANI J AJMERA,MUMBAI vs. DCIT CC 2(2) , MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

section 132(4) of the Income Tax Act, 1961 on 13.04.2013 and I also confirm that I have perused the contents of the same." 7.14 In question no. 17, very detailed and elaborate modus operandi adopted by Shri Shirish Shah was confronted to Jasmine Ajmera, who replied as below for the question no. 17. "Ans: I agree with the modus

JITEN K. AJMERA (LEGAL HEIR OF LATE KISHORE H. AJMERA),MUMBAI vs. DCIT, CENTRAL CIRCLE-2(2), MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

section 132(4) of the Income Tax Act, 1961 on 13.04.2013 and I also confirm that I have perused the contents of the same." 7.14 In question no. 17, very detailed and elaborate modus operandi adopted by Shri Shirish Shah was confronted to Jasmine Ajmera, who replied as below for the question no. 17. "Ans: I agree with the modus

JASMIN K AJMERA ,MUMBAI vs. DCIT CC 2(2) , MUMBAI

In the result, all the appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

section 132(4) of the Income Tax Act, 1961 on 13.04.2013 and I also confirm that I have perused the contents of the same." 7.14 In question no. 17, very detailed and elaborate modus operandi adopted by Shri Shirish Shah was confronted to Jasmine Ajmera, who replied as below for the question no. 17. "Ans: I agree with the modus

PIRAMAL HEALTHCARE LTD ( EARLIER KNOWNAS NICHOLAS PIRAMAL INDIA LTD),MUMBAI vs. ADDL CIT 7(1), MUMBAI

Bench: Shri Kuldip Singh & Shri S Rifaur Rahmanassessment Year: 2005-06 M/S. Piramal Enterprises Dy. Commissioner Of Limited (Formerly Known Income Tax, As Piramal Healthcare Range-8(2)(1), Limited) (Earlier Known As Mumbai. Nicholas Piramal India Ltd.), Vs. Piramal Tower, Agastya Corporate Park, Lbs Marg, Kamani Junction, Kurla (West), Mumbai – 400 070 Pan: Aaacn4538P (Appellant) (Respondent) Assessment Year: 2005-06 Dy. Commissioner Of M/S. Piramal Enterprises Income Tax, Limited (Formerly Known Circle-8(2)(1), As Piramal Healthcare [Erstwhile Dcit Circle- Ltd.) (As Ultimate 7(1)], Successor To Nicholas Vs. Mumbai. Piramal India Ltd.), Piramal Tower, Ganpatrao Kadam Marg, Lower Parel, Mumbai – 400 013 Pan: Aaacn4538P (Appellant) (Respondent)

section 28 (va) (a) of the Income-tax Act, 1961 ("the Act"). ITA No.3706/M/2010 & 3 M/s. Piramal Enterprises Limited (Earlier known as Nicholas Piramal India Ltd.) 2. He failed to appreciate and ought to have held that the compensation is paid to the Appellant for settlement due to termination of right to carry on the business of distribution