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

section 90(2) of the Act, each provision of\nthe Act should be considered separately and therefore for determining 'total\nincome', the income under head \"Capital gains\" has to be first determined\nconsidering the provisions of the Act or the treaty, whichever is more beneficial\nand once it is determined that the grandfathered gains are not chargeable to\ntax

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

36,70,910/- to the subsequent years." ITAs No.6050, 6051 & 6774/Mum/2025 (A.Y. 2022-23 & 2023-24) 21 From the reading of above decisions, it is evident that there is no impedement in segregating capital losses and capital gains from different source of income under the head 'capital gains' for the purpose of claiming the benefit of DTAA/ provisions

RELIANCE POWER LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 15(3)(1), MUMBAI

In the result, ground of appeal raised by assessee is allowed

Bench: Shri Pawan Singh& Shri Omkareshwar Chidara(Physical Hearing) Dcit – 15(3)(1), Mumbai Reliance Power Limited Room No. 460, 4Th Floor, H-Block, 1St Floor, Dhirubhai Ambani Vs Aayakar Bhavan, M.K. Road, Knowledge City, Koperkhairane, Mumbai – 400020] Navi Mumbai-400710 [Pan: Aaacr2365L] Appellant / Revenue Respondent / Assessee Reliance Power Limited Dcit – 15(3)(1), Mumbai Room No. 460, 4Th Floor, Aayakar Reliance Centre, Ground Floor, 19 Vs Walchand Hirachand Marg, Bhavan, M.K. Road, Ballard Estate, Mumbai – 400001. Mumbai – 400020] [Pan: Aaacr2365L] Appellant / Assessee Respondent / Revenue

2(42A), which means a capital asset which held by assessee for not more than 36 months immediately preceding date of transfer. The helicopter in question was undisputedly held for 36 months and, therefore, constitute a long term capital asset. Section 50 of the Act is a special provision for computing capital gain

RAMESH JAISINGHANI,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -5(2), MUMBAI

In the result, appeal of the assessee is allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

capital gains u/s.45 r.w.s. 55(2)(ac) and 112A of the Act, particularly when at the material time, no statutory mechanism existed to determine the fair market value. This came only by the subsequent amendment brought by the Finance (2) Act, 2024. In the present case, section 55(2)(ac) in its original form defined the “cost of acquisition

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.

36 months will not be applicable and still it will be chargeable as capital gains arising from transfer of a short term capital asset. 19. The ‘long term capital asset’ and ‘long term capital gain’ has been defined in section 2

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

36 months will not be applicable and still it will be chargeable as capital gains arising from transfer of a short term capital asset. 19. The 'long term capital asset' and 'long term capital gain' has been defined in section 2

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

2 (29AA) and 29B which reads as under:-\n16\nITA Nos.261 & 1022/Mum/2025\nSamir Narain Bhojwani\n(29AA). \"long term capital asset\" means a capital asset which is not a short term\ncapital asset;\n(29B). \"long term capital gain\" means capital gain arising from the transfer of a\nlong term capital asset;\nThus, capital gain arising from transfer

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)

section 111A of the Act at the rate of 15%] Less. Short-Term Capital Loss (24,36,135) [which is subject to STT] Net Short-Term Capital Gains Chargeable to Tax 2

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)

section 111A of the Act at the rate of 15%] Less. Short-Term Capital Loss (24,36,135) [which is subject to STT] Net Short-Term Capital Gains Chargeable to Tax 2

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

36,70,910/- to the subsequent years.\"\n7. From the reading of above decisions, it is evident that there is no\nimpedement in segregating capital losses and capital gains from different\nsource of income under the head 'capital gains' for the purpose of claiming\nthe benefit of DTAA/ provisions of the Act as the case may be, whichever\nis more

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

36,70,910/- to the subsequent years.\"\n7. From the reading of above decisions, it is evident that there is no\nimpedement in segregating capital losses and capital gains from different\nsource of income under the head 'capital gains' for the purpose of claiming\nthe benefit of DTAA/ provisions of the Act as the case may be, whichever\nis more

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

36,70,910/- to the subsequent years.\"\n7.\nFrom the reading of above decisions, it is evident that there is no\nimpedement in segregating capital losses and capital gains from different\nsource of income under the head 'capital gains' for the purpose of claiming\nthe benefit of DTAA/ provisions of the Act as the case may be, whichever\nis more

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

36,70,910/- to the subsequent years.\"\n\n7. From the reading of above decisions, it is evident that there is no\nimpedement in segregating capital losses and capital gains from different\nsource of income under the head 'capital gains' for the purpose of claiming\nthe benefit of DTAA/ provisions of the Act as the case may be, whichever

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

36,70,910/- to the subsequent years.\"\n7. From the reading of above decisions, it is evident that there is no\nimpedement in segregating capital losses and capital gains from different\nsource of income under the head 'capital gains' for the purpose of claiming\nthe benefit of DTAA/ provisions of the Act as the case may be, whichever\nis more

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

2(45) defines the\ntotal income to be the amount of income, profits and gains computed in the\nmanner laid down in the Act. Section 14 of the act categorises income\nunder various heads of income like salaries, income from house property,\nprofit and gains from business of profession, capital gains and income from\nother sources. 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

2(45) defines the\ntotal income to be the amount of income, profits and gains computed in the\nmanner laid down in the Act. Section 14 of the act categorises income\nunder various heads of income like salaries, income from house property,\nprofit and gains from business of profession, capital gains and income from\nother sources. Section

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

36,70,910/- to the subsequent years.\"\n7. From the reading of above decisions, it is evident that there is no\nimpedement in segregating capital losses and capital gains from different\nsource of income under the head 'capital gains' for the purpose of claiming\nthe benefit of DTAA/ provisions of the Act as the case may be, whichever\nis more

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

36,70,910/- to the subsequent years.\"\n7. From the reading of above decisions, it is evident that there is no\nimpedement in segregating capital losses and capital gains from different\nsource of income under the head 'capital gains' for the purpose of claiming\nthe benefit of DTAA/ provisions of the Act as the case may be, whichever\nis more

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

36,70,910/- to the subsequent years.\"\n\n7. From the reading of above decisions, it is evident that there is no\nimpedement in segregating capital losses and capital gains from different\nsource of income under the head 'capital gains' for the purpose of claiming\nthe benefit of DTAA/ provisions of the Act as the case may be, whichever