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

gain from any other capital asset. Section 70(2) of the Act does not make any further classification between the transactions where STT was paid and the transactions where STT was not paid. The emphasis of the AO on the term "similar computation" also only refers to the computation as provided under sections

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 arising on shares offered under OFS, the cost of shares of Polycab India Ltd should be considered to be Fair Market Value ('FMV) of shares as on 31 January 2018in light of provision of Explanation a(i) Section 55(2)(ac) Without prejudice, provisions of section 55(2)(aa)(iia) of the Act cannot be imported into

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

gain arising from transfer of a short term capital asset but the rate of tax has to be applicable in terms of section 112 of the Act, because the treatment of a short term capital asset is only a purpose of section 50 and not otherwise can convert a 'long term capital asset' into a 'short term capital asset

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

gain arising from transfer of a short term capital asset but the\nrate of tax has to be applicable in terms of section 112 of the Act, because the\ntreatment of a short term capital asset is only a purpose of section 50 and not\notherwise can convert a 'long term capital asset' into a 'short term capital asset

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)

56,97,823 1,00,15,252 Short-Term Capital Losses other Nil Nil than those covered under Section 111A of the Act Less: Short-Term Capital Losses (32,77,53,368) Nil Net Short-Term Capital Gains 1,26,79,44,455 1,00,15,252 Accordingly, the Assessing Officer passed the Final Assessment Order, dated 15/01/2025, holding that

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)

56,97,823 1,00,15,252 Short-Term Capital Losses other Nil Nil than those covered under Section 111A of the Act Less: Short-Term Capital Losses (32,77,53,368) Nil Net Short-Term Capital Gains 1,26,79,44,455 1,00,15,252 Accordingly, the Assessing Officer passed the Final Assessment Order, dated 15/01/2025, holding that

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

2) and 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

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) and section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\n7\nITAs No. 2085, 2134, 2147, 2148, 2149, 2150, 2151, 2152, 2153, 2154/Mum/2025 8\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56

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) and section 142(1) of the Act were\nissued and served on the assessee. During the assessment proceedings, it\n8\nITAs No. 2085, 2134, 2147, 2148, 2149, 2150, 2151, 2152, 2153, 2154/Mum/2025 8\nwas observed that the assessee computed the net short-term capital gains\namounting to Rs.7,56

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

2) and 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

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

2) and 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

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

2) and 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

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

2) and 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

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

2) and 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

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

2) and 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

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

2) and 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

UTILITY SUPPLY PRIVATE LIMITED,MUMBAI vs. DCIT CENTRAL CIRCLE 8(4) MUMBAI, MUMBAI

In the result, the appeal filed by the Assessee is allowed

capital asset of the recipient and therefore would not apply to\nstock-in-trade, raw material and consumable stores of any business of\nsuch recipient.\n53. As we have observed above that the provisions of section\n56(2)(vii) of the Act were not covering the cases of the firm or a\ncompany (not being a company in which

FRANK S INTERNATIONAL ITL LIMITED,MUMBAI vs. ACIT(IT), CIRCLE (2)(3)(1), MUMBAI, MUMBAI

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

56, Mumbai (‘ld. CIT(A)' for short), National\nFaceless Appeal Centre (‘NFAC' for short) passed u/s.250 of the Income Tax Act,\n1961 ('the Act'), pertaining to the Assessment Year (‘A.Y.' for short) 2019-20.\n2. The assessee has challenged the order of the ld. CIT(A) in treating the sale of office\npremises as short term capital gain