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

long-term capital gains accrued during the year from the non-grandfathered sale of shares. Accordingly, the impugned order on this issue is set aside, and Grounds no.7-11 raised in assessee’s appeal are allowed. 28. As regards the arithmetical errors in the computation sheet, the learned AR submitted that the assessee has filed a rectification application on 28/10/2025, which

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

long-\nterm capital loss brought forward from the previous years against the net\nlong-term capital gains accrued during the year from the non-grandfathered\nsale of shares. Accordingly, the impugned order on this issue is set aside, and\nGrounds no.7-11 raised in assessee's appeal are allowed.\n28. As regards the arithmetical errors in the computation sheet, the learned

DCIT - 19(1), MUMBAI, PIRAMAL CHAMBERS, MUMBAI vs. DISHANT DEEPAK SHAH, MUMBAI

In the result, appeal of the revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2016-17

long term capital gains (LTCG) arising therefrom in the hands of the appellant, was a genuine therefrom in the hands of the appellant, was a genuine therefrom in the hands of the appellant, was a genuine financial transaction, or it was financial transaction, or it was a colourable device solely colourable device solely aimed at claiming substantial exempt income

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

disallowance made addition of Rs. 49.93 crores and also added such book profit under section 115JB. 5. The assessing officer further noted that during the year under consideration, the assessee company is sold a helicopter and has shown long term capital gain

ATYANT CAPITAL INDIA FUND-I,MUMBAI vs. ASSISTANT DIRECTOR OF INCOME TAX (INTERNATIONAL) TAX CIRCLE 1(1)(2), MUMBAI

In the result, the appeal of the assessee is allowed

term capital loss of ₹ 17,96,11,996/-.\n5. The learned CIT(A), vide impugned order, rejected the contention of the\nassessee that AO-CPC is not permitted to disallow the carry forward of long-\nterm capital loss on the basis that the assessee, on one hand, claimed long-\nterm capital gains

ITO 41(3)(1), MUMBAI, MUMBAI vs. DEEPIKA ANIL AGARWAL, MUMBAI

In the result the appeal filed by the revenue stands\ndismissed

long term capital gain and to rebut that these are not in\nthe nature of accommodation entries.\niv. It is submitted that the learned Assessing Officer failed to collect and bring\non record the evidences from MrAnil B Agarwal which was later retracted\nback by him. If at all said evidences are collected, copies of same have not\nbeen provided

RAJENDRA KUMAR MUNDRA (HUF),MUMBAI vs. NATIONAL FACELESS ASSESSMENT CENTRE (NFAC), DELHI

In the result the appeal filed by the assessee stands allowed

Bench: Hon’Ble Shri Sandeep Gosain& Shri Girish Agrawalrajendra Kumar Mundra Vs. Ito, Ward 24(3)(1) (Huf) Piramal Chamber C-28, Ameya Bldg, Behind Lalbaug, Mumbai – Ymca Dn Nagar Andheri (W) 400012. 400053. Pan/Gir No.Aadh6828J (Applicant) (Respondent)

long-term gains from Pramod Kumar Lodha vs. penny stocks: The transaction cannot ITO (ITAT Jaipur) be treated as bogus until and unless a finding is given that the shares were acquired by the assesse from the person other than the broker claimed by the assesse. The enquiry conducted by the Investigation Indore is not a conclusive finding of fact

GOVIND CORPORATION ,MUMBAI vs. DCIT CENTRAL CIRCLE 8(1), MUMBAI

In the result the appeal filed by the assessee stands\ndismissed

disallowed the\nclaim made_u/s 10(38) towards Long Term Capital Gain.\nHowever in this aspect we have considered the judgment

CHITRA AVDHESH MEHTA,MUMBAI vs. ITO 33 (1) (3), MUMBAI

In the result the appeal filed by the assessee stands\ndismissed

disallowed the\nclaim made_u/s 10(38) towards Long Term Capital Gain.\nHowever in this aspect we have considered the judgment

PRIYA KAPIL TODARWAL ,MUMBAI vs. INCOME TAX OFFICER WARD, 30(1)(1), MUMBAI

In the result the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai () & Smt. Renu Jauhri ()

long-term capital gains is misplaced. The appellant's reliance on Circular No. 26(LXXVI-3) is also misplaced, as the circular pertains to scenarios where the law is ambiguous. In this case, as discussed in preceding para, the law explicitly disallows

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

disallowance of Rs 3,72,00210 under section\n40(a)(ia) of the Act be deleted.\nGround II: Gains in respect of long term capital

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

disallowance of Rs 3,72,00210 under section 40(a)(ia) of the Act be deleted. Ground II: Gains in respect of long term capital

SCHWAB FUNDAMENTAL EMERGING MARKETS EQUITY ETY ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-4(2)(1), MUMBAI

Bench: SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI OMKARESHWAR CHIDARA (Accountant Member)

Long term capital gain at 10% rate (as per computation) 1,49,431/- I have perused the assessment order and have considered submissions of the A/R. In the impugned order the A.O. has not given any reasons for first sitting off short term capital gain with STT against short term capital STT and then allow of set off of remaining

FIDELITY RUTLAND SQUARE TRUST II STRATEGIC ADVISERS EMERGING MARKETS FUND ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION), MUMBAI

The appeals are partly allowed

disallowance has been made on presumption.\nIn these circumstances, the order passed by the Commissioner of\nIncome Tax and subsequent thereto, the Commissioner of\nIncome Tax (Appeals) had already considered the case of the\ndepartment and upheld the order passed by it. We have carefully\nconsidered the said question and in our considered opinion, there\nis no illegality or irregularity

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)

Long term capital gain at 10% rate (as per computation) 1,49,431/- I have perused the assessment order and have considered submissions of the A/R. In the impugned order the A.O. has not given any reasons for first sitting off short term capital gain with STT against short term capital STT and then allow of set off of remaining

FIDELITY RUTLAND SQUARE TRUST II STRATEGIC ADVISERS FID EMG MARKETS FUND ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION )2(3)(1), MUMBAI

disallowance has been made on presumption.\n\nIn these circumstances, the order passed by the Commissioner of\nIncome Tax and subsequent thereto, the Commissioner of\nIncome Tax (Appeals) had already considered the case of the\ndepartment and upheld the order passed by it. We have carefully\nconsidered the said question and in our considered opinion, there\nis no illegality

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)

Long term capital gain at 10% rate (as per computation) 1,49,431/- I have perused the assessment order and have considered submissions of the A/R. In the impugned order the A.O. has not given any reasons for first sitting off short term capital gain with STT against short term capital STT and then allow of set off of remaining

VANGUARD EMERGING MARKETS STOCK INDEX FUND A SERIES OF vs. PLC ,MUMBAIVS.ASSISTANT COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION -4(3)(1), MUMBAI

Bench: Ms Padmavathy S, Am & Shri Rahul Chaudhary, Jm

Long term capital gain at 10% rate (as per computation) 1,49,431/- I have perused the assessment order and have considered submissions of the A/R. In the impugned order the A.O. has not given any reasons for first sitting off short term capital gain with STT against short term capital STT and then allow ofset off of remaining loss

TEACHER RETIREMENT SYSTEM OF TEXAS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION )-4(1)(2), MUMBAI

In the result, the appeal by the assessee is partly allowed

Bench: Shri Sandeep Singh Karhailshri Girish Agrawalteacher Retirement System Of Texas, C/O Ernst & Young Llp, 17Th Floor, The Ruby, 29, Senapati Bapat Marg, Dadar (West), ............... Appellant Mumbai - 400028 Pan: Aaatt9387R V/S Acit (It) – 4(1)(2), Kautilya Bhavan, ……………… Respondent G-Block, Bandra Kurla Complex, Mumbai - 400051 Assessee By : Shri Anish Thacker Shri Pranay Gandhi Revenue By : Shri Soumendu K. Dash, Sr.Dr

disallowed. Accordingly, the short-term capital gain was computed by first setting off 15% loss against 15% gains, and thereafter, set off with other gains, as follows: – Particulars Amount (INR) Tax (INR) Short term capital gain on 77,740,748 2,33,22,225 transaction not subject to STT (30%) (Taxable @ 30%) (A) Short term capital gain