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

disallowance of the said carry forward losses is reproduced as disallowance of the said carry forward losses is reproduced as disallowance

TATA DIGITAL PRIVATE LIMITED,MUMBAI vs. DCIT- 1(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 Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2020-21 Tata Digital Private Limited, Central Processing Centre/The Army & Navy Building 148, M G Deputy Commissioner Of Income Road, Opposite Kala Ghoda Fort Vs. Tax 1(3)(1), Mumbai, Mumbai. Mumbai City-400 001 Pan No. Aahct 2205 N Appellant Respondent : Assessee By Mr. Sukhsagar Syal, Ar Revenue By : Mr. Ashish Heliwal, Dr : Date Of Hearing 14/11/2022 : Date Of Pronouncement 29/12/2022

carried forward for 8 years. forward for 8 years. Tata Digital Private Limited 6 5.8.As may be seen from the IT 6 dated 13.02.2021, the 5.8.As may be seen from the IT 6 dated 13.02.2021, the 5.8.As may be seen from the IT 6 dated 13.02.2021, the appellant has adjusted/set off STCG appellant has adjusted/set off STCG-short term capital

GOLDMAN SACHS INVESTMENTS ( MAURITIUS ) LTD,MUMBAI vs. DCIT (IT) 2(3)(2), MUMBAI

Bench: Shri S. Rifaur Rahman & Shri Ravish Soodgoldman Sachs Investments Deputy Commissioner Of (Mauritius) Limited, Income Tax, (International Taxation) -2(3)(2), Room No. 1702, 17Th Floor, C/O M/S Srbc & Associates Llp, 14Th Floor, The Ruby Vs. Air India Building, Nariman Point, 29 Senapati Bapat Marg, Mumbai – 400 021 Dadar (West), Mumbai – 400 028

disallowed the assessee‟s claim for carry forward of the capital losses, for the reason, that she was of the view

DCIT 9(2)(2), MUMBAI vs. CREDILA FINANCIAL SERVICES P.LTD, MUMBAI

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1491/Mum/2016 (नििाारण वर्ा / Assessment Year: 2012-13) बिाम/ Dcit 9(2)(2) Credila Financial Services R.No. 665A, 6 T H Floor, Private Ltd., Aayakar Bhavan, Mk Road, B-301 Citi Point, V. Mumbai-400020 Next To Kohinoor Continental Andheri Kurla Road, Andheri(E), Mumbai 400056 स्थायी ऱेखा सं./ Pan : Aaccc8789P (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent)

carried forward and set off against the income of the previous year and hence brought forward losses of the previous year‟s including unabsorbed depreciation cannot be allowed to be set off against the profits of the future years in view of the provisions of Section 79 of the 1961 Act, and hence the same was disallowed

VIIKING MEDIA AND ENTERTAINMENT PVT. LTD.,MUMBAI vs. DCIT- CENTRAL CIRCLE 2(2), MUMBAI

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

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant ()

disallow the claim of the assessee of carry forward and set off of loss and set off of loss of the earlier

VIIKING MEDIA AND ENTERTAINMENT PVT. LTD.,MUMBAI vs. DCIT- CENTRAL CIRCLE 2(2), MUMBAI CITY

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

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant ()

disallow the claim of the assessee of carry forward and set off of loss and set off of loss of the earlier

VIIKING MEDIA AND ENTERTAINMENT PVT. LTD.,MUMBAI vs. DCIT- CENTRAL CIRCLE 2(2), MUMBAI

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

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant ()

disallow the claim of the assessee of carry forward and set off of loss and set off of loss of the earlier

VIIKING MEDIA AND ENTERTAINMENT PVT. LTD.,MUMBAI vs. DCIT- CENTRAL CIRCLE 2(2), MUMBAI CITY

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

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant ()

disallow the claim of the assessee of carry forward and set off of loss and set off of loss of the earlier

VIIKING MEDIA AND ENTERTAINMENT PVT. LTD.,MUMBAI vs. DCIT- CENTRAL CIRCLE 2(2), MUMBAI CITY

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

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant ()

disallow the claim of the assessee of carry forward and set off of loss and set off of loss of the earlier

DY CIT(IT)-1(3)(1, MUMBAI, KAUTILYA BHAVAN vs. BNS ASIA LIMITED, MUMBAI

Accordingly upheld the decision of the CIT(A) in allowing the carry forward. In view of the said decision, the loss which is brought forward from AY 2014-15 should also be allowed to be carried for...

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

forward capital losses of prior AY’s cannot be disallowed by the learned ACIT in the year under consideration. For disallowing such losses, the rectification order should be passed for the year in which the losses were incurred. Therefore, it has been claimed that the rectification order passed for year under consideration disallowing the carry

DY CIT(IT) 1(3)(1), MUMBAI, KAUTILYA BHAVAN vs. BNS ASIA LIMITED, MUMBAI

Accordingly upheld the decision of the CIT(A) in allowing the carry forward. In view of the said decision, the loss which is brought forward from AY 2014-15 should also be allowed to be carried for...

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

forward capital losses of prior AY’s cannot be disallowed by the learned ACIT in the year under consideration. For disallowing such losses, the rectification order should be passed for the year in which the losses were incurred. Therefore, it has been claimed that the rectification order passed for year under consideration disallowing the carry

DY CIT(IT) 1(3)(1), MUMBAI, KAUTILYA BHAVAN vs. BNS ASIA LIMITED, MUMBAI

Accordingly upheld the decision of the CIT(A) in allowing the carry forward. In view of the said decision, the loss which is brought forward from AY 2014-15 should also be allowed to be carried for...

Bench: Shri Amit Shukla, Jm & Ms Padmavathy S, Am

forward capital losses of prior AY’s cannot be disallowed by the learned ACIT in the year under consideration. For disallowing such losses, the rectification order should be passed for the year in which the losses were incurred. Therefore, it has been claimed that the rectification order passed for year under consideration disallowing the carry

ASST CIT CIR 1, KALYAN vs. ASB INTERNATIONAL P. LTD, AMBERNATH

In the result, appeals filed by the Revenue in ITA No

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.7034/Mum/2013 & 7035/Mum/2013 ("नधा"रण वष" / Assessment Years : 2004-05 & 2006-07) Asstt. Commissioner Of M/S Asb International बनाम/ Income Tax – Circle 1, Pvt. Ltd., V. Kalyan, E-9, Addl Ambernath Indl. 1St Floor,, Area, Mohan Plaza, Midc Anand Nagar, Wayale Nagar, Ambernath. Khadakpada, Kalyan. "थायी लेखा सं./Pan :Aaaca8424F .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

carried forward or set off where such loss relates to any of the relevant assessment years. 21. It is in this background the Finance Act, 2003, was introduced by inserting the words "the year ending up to the first day of April, 2001, for that in clauses (i) and (ii) of sub A-section (6) restricting the disallowance

BAY CAPITAL INDIA FUND LIMITED,MAURITIUS vs. ASSISTANCE COMMISSIONER OF INCOME TAX, AIR INDIA, NARIMAN POINT, MUMBAI

In the result, the appeal of the assessee bearing ITA No

Bench: Shri Narendra Kumar Billaiya & Shri Anikesh Banerjee

loss for the AY 2019-20 and AY 2020- 21 against the long term capital gains that were eligible to tax in terms of Article 13. 3. The tax effect due to the above results in additional tax on account of addition of INR 4,60,73,065 as long-term capital gains and disallowance of carried forward

VIACOM 18, MEDIA PVT LTD ,MUMBAI vs. PCIT-8, MUMBAI

In the result, the appeal of the assessee is allowed

disallowed. Please give\nyour explanation.\n\n1. Large business loss set off against other head of income.\nAs per ITR Schedule -CFL details of losses to be carried forward

ASIA INVESTMENT CORPORATION (MAURITIUS ) LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INT TAX)-1(1)(2), MUMBAI

In the result the appeals filed by the assessee for both the years under consideration stands partly allowed

Bench: Smt. Beena Pillai () & Ms. Padmavathy S ()

disallowing the brought forward and carried forward losses. iv. On the facts and in the circumstances of the case and in law, the reopening

ASIA INVESTMENT CORPORATION (MAURITIUS) LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INT TAXATION)1(1)(2), MUMBAI

In the result the appeals filed by the assessee for both the years under consideration stands partly allowed

Bench: Smt. Beena Pillai () & Ms. Padmavathy S ()

disallowing the brought forward and carried forward losses. iv. On the facts and in the circumstances of the case and in law, the reopening

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

carry forward of the loss as claimed by the assessee.” ITAs No.6050, 6051 & 6774/Mum/2025 (A.Y. 2022-23 & 2023-24) 23 27. Therefore, from a careful perusal of these decisions, it is evident that all the submissions of the Revenue, raised in the instant appeal, have already been considered by the Co-ordinate Benches. Thus, respectfully following the decisions