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

30%). Thus, assessee submits that that short-term capital loss on which securities transaction taxes paid, can be set of against the short-term capital gain which is not subject to securities transaction tax. Further such capital gain is also computed as per section

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

30%)\nShort-term capital gains\n1746,90,89,129\n62,90,458\nShort-term capital loss other than\nthose covered under section

TATA COMMUNICATIONS LIMITED,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX, MUMBAI

In the result, the question of law referred to the Special Bench is answered in favour of the assessee

Bench: Shri Saktijit Dey & Shri Arun Khodpiatata Communications Limited Pr. Cit, Videsh Sanchar Bhavan, Mumbai-1 Vs. M. G. Road, Fort, Mumbai-400 001 Pan/Gir No. Aaacv 2808 C (Appellant) : (Respondent) Appellant By : Shri J. D. Mistri Respondent By : Shri Ritesh Misra, Cit Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Saktijit Dey: The Present Appeal, At The Instance Of The Assessee, Assails Order Dated 21.03.2025, Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ For Short), By Learned Principal Commissioner Of Income Tax (‘Ld. Pcit’ For Short), Pertaining To The Assessment Year (A.Y.) 2018-19. 2. Though The Assessee Has Raised Multiple Grounds, Both On Jurisdictional Issues As Well As On Merits, However, There Is Consensus Between The Parties That The Appeal Can Be Decided On Merits, In Which Event, There Is No Need To Go Into Various Other Issues Raised In Appeal.

gains was extended. In this case, the Tribunal held that the position is similar and the benefit of set-off against long term capital loss under Section 74 of the Act is to be allowed. Further, an identical issue with regard to set off against long term capital loss arose in an appeal filed by the Revenue in the matter

ACIT 421 MUMBAI, MUMBAI CITY vs. SAMIR NARAIN BHOJWANI, MUMBAI

Appeal of the assessee is allowed for statistical purposes and the\nappeal of the revenue is dismissed

30% of the payment made under\nConsent Terms on account of alleged non-deduction of tax at source under\nsection 194C of the Act.\n1.2 In doing so, the Id. CIT(A), inter-alia, erred in upholding the Id. AO's\ncontention that the payment relates to the contractual obligation allegedly\ncovered u/s.194C.\n1.3 The Appellant prays that the disallowance

SAMIR NARAIN BHOJWANI ,MUMBAI vs. DCIT 4(2)(1), MUMBAI

Appeal of the assessee is allowed for statistical purposes and the appeal of the revenue is dismissed

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

gains was extended. In this case, the Tribunal held that the position is similar and the benefit of set-off against long term capital loss under Section 74 of the Act is to be allowed. Further, an identical issue with regard to set off against long term capital loss arose in an appeal filed by the Revenue in the matter

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)

Gain for Non-STT Paid transactions, separately, since the non- STT trade transactions were taxable at the rate of 30% under Section 115AD and STT paid transaction were taxable at the rate of 15% under Section 111A. Section 115AD and Section 111A of the Act provided two separate manner of computation of capital

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)

Gain for Non-STT Paid transactions, separately, since the non- STT trade transactions were taxable at the rate of 30% under Section 115AD and STT paid transaction were taxable at the rate of 15% under Section 111A. Section 115AD and Section 111A of the Act provided two separate manner of computation of capital

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

section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\nParticulars\nShort-Term Capital Gains taxed at 30

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

capital gains (on which STT\nwas not paid), which is taxable at 30% under section 115AD of the Act, and\nthereafter

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

section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\n\nParticulars\nAmounts (in INR)\nShort-Term Capital Gains taxed at 30

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

section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\n\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows: -\n\nParticulars\nAmounts (in INR)\nShort-Term Capital Gains taxed at 30

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

section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\nParticulars\nShort-Term Capital Gains taxed at 30

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

section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\nParticulars\nAmounts (in INR)\nShort-Term Capital Gains taxed at 30

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

section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\nParticulars\nShort-Term Capital Gains taxed at 30

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

capital gains (on which STT\nwas not paid), which is taxable at 30% under section 115AD of the Act, and\nthereafter

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 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\nParticulars\nShort-Term Capital Gains taxed at 30

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 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56,55,050, which is chargeable to tax as follows:\nParticulars\nShort-Term Capital Gains taxed at 30

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

30 September 2022 (time limit as per Section 153 of the Act) is time barred and liable to be Act) is time barred and liable to be quashed. Ground No. 5: Denial of brought forward losses to be carried forward to Ground No. 5: Denial of brought forward losses to be carried forward to Ground No. 5: Denial of brought

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

In the result appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

30%). Thus, assessee submits that that short-term capital loss on which securities transaction taxes paid, can be set of against the ITA No. 4564, 567 to 4570/Mum/2023 iShares MSCI EM VCITS ETF USD Acc; A.Y. 2021-22 short-term capital gain which is not subject to securities transaction tax. Further such capital gain is also computed as per section