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

234A,\n234B,234C and 234D of the Act.\nShort grant of TDS credit - Rs.236,926\n8. erred in granting TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2. The issue arising in grounds no.1

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

234A,\n234B,234C and 234D of the Act.\nShort grant of TDS credit - Rs.236,926\n8. erred in granting TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2.\nThe issue arising in grounds no.1

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

234A,\n234B,234C and 234D of the Act.\nShort grant of TDS credit - Rs.236,926\n8. erred in granting TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2.\nThe issue arising in grounds no.1

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

234A,\n234B,234C and 234D of the Act.\nShort grant of TDS credit - Rs.236,926\n8. erred in granting TDS credit to Rs.236,926.\nInitiation of penal proceedings under section 270A of the Act\n9. erred in initiating penalty under section 270A of the Act alleging\nmisreporting of income by the Appellant.\"\n2. The issue arising in grounds no.1

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

In the result appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

capital gain is ₹ 859,680 in the computation seat however the learned assessing officer has computed it at ₹ 791,221/–. Assessee has filed an application under section 154 of the act which is still unattended and undisposed. With respect to the levy of interest under section 234A

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

In the result appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

capital gain is ₹ 859,680 in the computation seat however the learned assessing officer has computed it at ₹ 791,221/–. Assessee has filed an application under section 154 of the act which is still unattended and undisposed. With respect to the levy of interest under section 234A

ISHARES EMSC MAURITIUS CO ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION )-2(2)(2), MUMBAI

In the result appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

capital gain is ₹ 859,680 in the computation seat however the learned assessing officer has computed it at ₹ 791,221/–. Assessee has filed an application under section 154 of the act which is still unattended and undisposed. With respect to the levy of interest under section 234A

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

In the result appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

capital gain is ₹ 859,680 in the computation seat however the learned assessing officer has computed it at ₹ 791,221/–. Assessee has filed an application under section 154 of the act which is still unattended and undisposed. With respect to the levy of interest under section 234A

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

In the result appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

capital gain is ₹ 859,680 in the computation seat however the learned assessing officer has computed it at ₹ 791,221/–. Assessee has filed an application under section 154 of the act which is still unattended and undisposed. With respect to the levy of interest under section 234A

MATRIX PARTNERS INDIA INVESTMENT HOLDINGS, LLC,MAURITIUS vs. DEPUTY COMMISSIONER OF INCOME TAX, MUMBAI

In the result the appeal filed by the assessee stands partly allowed

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

capital gains of INR 31,59,01,013, being a different source and claimed as exempt under Article 13(4) of the India-Mauritius Double Tax Avoidance Agreement ('DTAA'). 2. Erroneous initiation of penalty under section 270A of the Act - On the facts and circumstances of the case and in law, the learned AO has erred in initiating penalty proceedings

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)

Capital Gain 5,24,02,19,366 Taxable @ 10% Income from Other sources 1,24,38,93,370 Taxable @ 20% (Dividend income) Income from Other sources 1,90,920 Taxable @ 30% (interest from company) Total Taxable income 6,56,03,95,980 15. Assessed under section 143(3) rw.s. 144C(13) of the Income Tax Act, 1961. Give due credit

ACIT 18(2), MUMBAI vs. KESHAV & COMPANY, MUMBAI

Bench: Shri Amit Shukla & Shri Ashwani Tanejaita No. : 5639/Mum/2012 (Assessment Year: 2006-07) Vs Keshav & Company, Ito –Ward-22(1)(4), B-607, Arihant Bldg., 6Th Floor, Sudha Park, Vashi Railway Station, Behind Garodia Nagar, Vashi, Navi Mumbai Ghatkopar (E), Mumbai -400 077 Pan:Aacpk 1625 P ""यथ" (Respondent) अपीलाथ" (Appellant) Ito –Ward-22(1)(4), Vs Keshav & Company, Vashi, Navi Mumbai Mumbai -400 077 ""यथ" (Respondent) अपीलाथ" (Appellant) C.O. No. 273/Mum/2013 Arising Out Of Ita No.6276/Mum/2012, Ay-2006-07 Keshav & Company, Vs Ito –Ward-22(1)(4), Mumbai -400 077 Vashi, Navi Mumbai ""यथ" (Respondent) अपीलाथ" (Appellant) Assessee "ी राजन वोहरा : Shri Rajan Vohra Cross Objector By "ी बी पृसेठ Shri B Pruseth Revenue By : सुनवाई क" तार"ख /Date Of Hearing : 13-07-2016 घोषणा क" तार"ख /Date Of Pronouncement : 30-09-2016

capital gain on account of retirement was assessed to tax in the hands of retiring partner; 7 . should have appreciated that if excess amount received by the retiring partner is taxable in the hands of concerned partner, same cannot be taxed in the hands of the firm, otherwise it would amount to double taxation; Interest under Section 234A

KESHAV AND COMPANY,MUMBAI vs. ASST CIT 18(2), MUMBAI

Bench: Shri Amit Shukla & Shri Ashwani Tanejaita No. : 5639/Mum/2012 (Assessment Year: 2006-07) Vs Keshav & Company, Ito –Ward-22(1)(4), B-607, Arihant Bldg., 6Th Floor, Sudha Park, Vashi Railway Station, Behind Garodia Nagar, Vashi, Navi Mumbai Ghatkopar (E), Mumbai -400 077 Pan:Aacpk 1625 P ""यथ" (Respondent) अपीलाथ" (Appellant) Ito –Ward-22(1)(4), Vs Keshav & Company, Vashi, Navi Mumbai Mumbai -400 077 ""यथ" (Respondent) अपीलाथ" (Appellant) C.O. No. 273/Mum/2013 Arising Out Of Ita No.6276/Mum/2012, Ay-2006-07 Keshav & Company, Vs Ito –Ward-22(1)(4), Mumbai -400 077 Vashi, Navi Mumbai ""यथ" (Respondent) अपीलाथ" (Appellant) Assessee "ी राजन वोहरा : Shri Rajan Vohra Cross Objector By "ी बी पृसेठ Shri B Pruseth Revenue By : सुनवाई क" तार"ख /Date Of Hearing : 13-07-2016 घोषणा क" तार"ख /Date Of Pronouncement : 30-09-2016

capital gain on account of retirement was assessed to tax in the hands of retiring partner; 7 . should have appreciated that if excess amount received by the retiring partner is taxable in the hands of concerned partner, same cannot be taxed in the hands of the firm, otherwise it would amount to double taxation; Interest under Section 234A

INDIA ACORN FUND LTD ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2(2)(1), MUMBAI

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

Bench: Smt Kavitha Rajagopal, Jm & Ms Padmavathy S, Am

234A of the Act amounting to INR 13,75,805 without appreciating that there was no delay in filing the return of income and payment of taxes by the Appellant, Ground of Appeal No. 10: Levy of interest under section 234C of the Act-INR 31,90,217 10. Erred in levying interest under Section 234C of the Act amounting

EMERGING MARKETS INDEX NON LENDABLE FUND,MUMBAI vs. DCIT (INTERNATIONAL TAXATION)-2(2)(1), MUMBAI

In the result appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shrisandeep Singh Karhail, Jm A.Y.2021 – 22 Emerging Markets Index The Deputy Commissioner Of Non-Lendable Fund Income Tax (International C/O Ernst & Young Llp Taxation) – Circle –2 (2) (1) 17Th Floor 1722, 17T H Floor, Vs. The Ruby Air India Building, 29, Senapati Bapat Marg Nariman Point, Dadar (West) Mumbai – 21 Mumbai – 28 (Appellant) (Respondent) Pan Aaaae3262D Assessee By Shri Anish Thacker & Pranay Gandhi Revenue By Shri Anil Sant Additional Commissioner Of Income Tax Date Of Hearing 7 May 2024 Date Of Pronouncement 5 August 2024

234A, ground number 10 against the levy of interest under section 234B and ground number 11 on levy of interest under section 234C of the act. Ground number 12 is against initiation of penalty proceedings under section 270A of the act. Ground number one is general , ground number 2 and 3 not pressed, ground number 9 – 11 are consequential