ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE 6(1)(1), MAHARASHTRA

term capital gains amounting to Rs. 13,46,813/-.\nGROUND NO. II: SHORT GRANT OF CREDIT OF TAX DEDUCTED AT\nSOURCE (“TDS”) AMOUNTING TO RS. 15,76,346/-\n1. On the facts and in the circumstances of the case and in law, CIT(A)\nerred in upholding the action of the AO in granting total credit

ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX- CIRCLE 6(1)(1), MAHARASHTRA

Bench: Shri Amit Shukla & Shri Makarand Vasant Mahadeokar1. Ita No. 6663/Mum/2025 (Assessment Year: 2017-18) 2. Ita No. 6701/Mum/2025 (Assessment Year: 2018-19) 3. Ita No. 6702/Mum/2025 (Assessment Year: 2022-23) & 4. Ita No. 6703/Mum/2025 (Assessment Year: 2023-24) Aditya Birla Sun Life Dcitcircle-6(1)(1), Amc Limited, Room No. 502, 5Th 17Th Floor, One World Vs. Floor, Aayakar Centre Tower-1, Jupiter Bhavan, M. K. Mill Compount, 841, Road, Churchgate, Senapati Bapat Marg, Mumbai-400 020 Delisle Road, S.O. Mumbai-400 013 Pan/Gir No. Aaacb6134D (Applicant) (Respondent) Assessee By Shri Ronak Doshi, Shri Shrey Agrawal & Shri Aadish Jain, Ld. Ars Revenue By Shri Surendra Mohan, Ld. Dr Date Of Hearing 27.01.2026 Date Of Pronouncement 06.02.2026

term capital gains amounting to Rs. 13,46,813/-. GROUND NO. II: SHORT GRANT OF CREDIT OF TAX DEDUCTED AT SOURCE (“TDS”) AMOUNTING TO RS. 15,76,346/- 1. On the facts and in the circumstances of the case and in law, CIT(A) erred in upholding the action of the AO in granting total credit

ADITYA BIRLA SUN LIFE AMC LIMITED,MAHARASHTRA vs. THE DEPUTY COMMISSIONER OF INCOME TAX- CIRCLE 6 (1)(1), MAHARASHTRA

term capital gains amounting to Rs. 13,46,813/-.\nGROUND NO. II: SHORT GRANT OF CREDIT OF TAX DEDUCTED AT\nSOURCE (“TDS”) AMOUNTING TO RS. 15,76,346/-\n1. On the facts and in the circumstances of the case and in law, CIT(A)\nerred in upholding the action of the AO in granting total credit

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

short grant of TDS credit. During the hearing, the learned AR submitted that the assessee has filed a rectification application before the AO on 28/10/2025 in this regard, which is still pending consideration. Accordingly, we deem it appropriate to restore this issue to the file of the AO with the direction to grant the credit of taxes deducted at source

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

68,24,02,310\nGround of Appeal No. 12: Initiation of penal proceedings under section\n270A of the Act\n12. erred in initiating penalty under section 270A of the Act alleging\nunderreporting of income by the Appellant.”\n40. Ground no.1 is general in nature. Therefore, the same needs no specific\nadjudication.\n41. The issue arising in Grounds no.2-6, raised

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

short grant of TDS credit. During the hearing, the learned AR submitted that the assessee has filed a rectification application before the AO on 28/10/2025 in this regard, which is still pending consideration. Accordingly, we deem it appropriate to restore this issue to the file of the AO with the direction to grant the credit of taxes deducted at source

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

Short Term Capital Gains and losses on share transactions in listed penny stocks. losses on share transactions in listed penny stocks. losses on share transactions in listed penny stocks. Statements of many entry providers and beneficiaries Statements of many entry providers and beneficiaries Statements of many entry providers and beneficiaries were recorded under section 132(4) and section

LEKHRAJ JASRAJ JAIN ,MUMBAI vs. DCIT 19(1), MUMBAI

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

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2014-15

68 of the Act and of Rs. 1,10,986/- u/s 69C of the Act without providing the appellant a copy of u/s 69C of the Act without providing the appellant a copy of u/s 69C of the Act without providing the appellant a copy of the material and statement relied upon as well as an the material and statement

DCIT, MUMBAI vs. 2015 GROVER FAMILY TRUST, MUMBAI

In the result, both the appeals of the Revenue are dismissed

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

short capital loss of Rs.42,83,68,919/- has been adjusted against long term capital gain. Apart from that he noted that similarly Grover family members alongwith 2015 Grover Family Trust had also made investment in JM equity fund against which they have huge dividend and incurred loss on redemption of mutual units. The details of which are as under

DCIT, MUMBAI vs. CMS COMPUTERS LIMITED , MUMBAI

In the result, both the appeals of the Revenue are dismissed

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

short capital loss of Rs.42,83,68,919/- has been adjusted against long term capital gain. Apart from that he noted that similarly Grover family members alongwith 2015 Grover Family Trust had also made investment in JM equity fund against which they have huge dividend and incurred loss on redemption of mutual units. The details of which are as under

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

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

short term\ncapital gain.\nHeld that:\n15. Therefore, respectfully, following\nthe decision of the coordinate bench of\nthe Tribunal, we hold that the long\nterm capital gain on the sale of shares\nof M/s. Splash Media & Infra Ltd. is\nnot a bogus capital gain as the AO has\nsolely relied on the report of\ninvestigation/search team and has not\ncarried

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)

short term capital gains disclosed by him to be genuine in the reopened assessment proceedings under section 143(3) read with section 147 of the Act dated 26-5-23. The learned AR placed on record the copy of the said 13 Rajendra Kumar Mundra (HUF)., Mumbai. assessment order in pages 53-56 of the synopsis. This evidence also goes

MANAVI GOEL SHARMA,MUMBAI vs. INCOME TAX OFFICER INT TAX WARD 2(3)(1), MUMBAI

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Vikram Singh Yadav & Shri Raj Kumar Chauhanassessment Year : 2018-19

Short-Term Capital Gain from the sales consideration of Rs. 38,11,558/- from sale of shares of M/s Innovative Tech Pack Ltd. in her Income Tax Return for the A. Y 2018-19. The Assessee had provided all the evidences such as Trade Register along with a summary of sale and purchase of the scrips. However, the Assessee added

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

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

Short term Capital gains and Income from\nother sources and has filed her return of income on\n26.07.2014 declaring her total income at Rs.4,54,940/-.\nShe has also claimed an exemption u/s 10(38) of the Act of\nRs.84,79, 100/- being the Long-term capital gains on listed\nsecurities. The case was selected for scrutiny by CASS.\nConsequently

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

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

Short term Capital gains and Income from\nother sources and has filed her return of income on\n26.07.2014 declaring her total income at Rs.4,54,940/-.\nShe has also claimed an exemption u/s 10(38) of the Act of\nRs.84,79, 100/- being the Long-term capital gains on listed\nsecurities. The case was selected for scrutiny by CASS.\nConsequently

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

short "CIT(A)") under section 250 of the Income Tax Act, 1961 (the Act) dated 18.12.2024 for Assessment Year (AY) 2022-23. The assessee and revenue raised the following grounds: ITA No. 261/Mum/2025 – Assessee Ground I: Disallowance of Rs 3,72,00,210 under section 40(a)(ia) being 30% of the payment made under Consent Terms on account

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

Appeal of the assessee is allowed

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

section 111A of the Act Less: Current year's short-term capital losses (6,35,68,115) (33,80,72,716) Less. Brought forward short-term capital loss Nil (10,55,21,012) Net taxable short-term capital gains

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)

68,11,892/- [after setting off brought forward Short Term Capital Loss of INR.75,37,898/- pertaining to STT Paid transactions] was taxable at the rate of 15% as per Section 115AD read with Section 111A of the Act. Thus, the Assessing Officer recomputed assessable Short Term Capital Gains

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

section 70, I find that there\nis no prohibition nor the Act compels the assessee to first\nset off short term capital gain with STT against short term\ncapital loss with STT and then allows set off against short\nterm capital gain without STT. In absence of any specific\nmode of set off provided in the Act and in absence