Section 115AD of the Income Tax Act

Income-tax Act, 2025: s.210

Section 115AD of the Income-tax Act, 1961 corresponds to section 210 (Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer) of the Income-tax Act, 2025.

Read section 210 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 115AD is CIT v. Atul Kumar Swami (362 ITR 693), cited in 57 of the 52 judgments on BharatTax that turn on this section.

Leading authorities on Section 115AD

CIT v. Atul Kumar Swami
362 ITR 693 · 2014 · High Court
57
citing judgments

Reassessment proceedings initiated under section 147/148 are invalid if based on material already disclosed in the original return or without fresh, tangible material. The Assessing Officer must apply their mind and cannot mechanically reopen an assessment.

292 ITR 416(SC) Galileo Nederland BV v. Assistant Director of Income-tax, Circle-i(2), (Intl. Tax), New Delhi
367 ITR 319 · 2014 · High Court
28
citing judgments

The principle of consistency requires that the Assessing Officer or First Appellate Authority must follow decisions made in earlier years, unless there are good and sufficient reasons to deviate. An assessee's status should not be altered arbitrarily without assigning reasons or distinguishing facts.

Aggarwal and Modi Enterprises (Cinema Project) Co. Pvt. Ltd. v. CIT
381 ITR 469 · 2016 · High Court
28
citing judgments

The Assessing Officer must state in the reasons recorded for reopening an assessment that the appellant failed to disclose all material facts, that the AO had reasons to believe income had escaped assessment, and that there was fresh tangible material justifying the belief.

JCIT v. Montgomery Emerging Marketing Funds,\n
100 ITD 217 · 2006 · ITAT
23
citing judgments

Each transaction can be considered a separate source of income, allowing taxpayers to choose between the Income-tax Act and a Double Taxation Avoidance Agreement (DTAA) for each transaction. Section 70(2) of the Act does not prescribe an order for setting off specific short-term capital losses against specific short-term capital gains, favouring the taxpayer in interpretation.

Mahindra & Mahindra Limited v. DCIT
24 Taxmann.com 267 · 2012 · Reported
21
citing judgments

Interest paid on debentures until their conversion into shares is considered interest on borrowed money and is subject to TDS provisions. Such interest cannot be treated as dividend.

395 ITR 677 (Delhi), CIT v. Jyoti Prakash Dutta
363 ITR 625 · 2014 · High Court
19
citing judgments

The decision in CIT v. Jyoti Prakash Dutta stands for the proposition that if sales tax department findings have not been provided to the assessee, and the assessee has not been given an opportunity to cross-examine parties, and the assessee's books have not been rejected with sales and declared profits being reasonable, then no addition to income is liable to be made.

DCIT v. UAG Builders Pvt. Ltd.
53 SOT 370 · ITAT
13
citing judgments

Interest paid on debentures, whether fully, partly, or optionally convertible, is deductible as a business expense, as debentures are considered debt until the date of conversion.

First State Investments (Hong Kong) Ltd. v. ADIT
33 SOT 26 · 2009 · ITAT
12
citing judgments

The phrase 'under similar computation' in Section 70(2) refers to the computation of capital gains as per Sections 45-55 of the Income Tax Act, not the tax rate applicable. Therefore, short-term capital losses can be set off against short-term capital gains taxed at different rates.

MSCI EM UCITS ETF USD ACC v. DCIT
164 Taxmann.com 56 · 2024 · ITAT
9
citing judgments
Vanguard Emerging Markets Stock Index Fund v. ACIT
172 Taxmann.com 515 · 2025 · ITAT
3
citing judgments

Judgments on Section 115AD

Esgee Apex Trust, Kolkata vs. DCIT, Cir. 1(1), Exemptions, Kolkata

In the result, the appeal of the assessee stands allowed and the stay application is dismissed having become infructuous

ITA 251/KOL/2024[2021-22]Status: DisposedITAT Kolkata22 Feb 2024AY 2021-22

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.251/Kol/2024 Assessment Year : 2021-22 Esgee Apex Trust…………………………..............…...……………....Appellant Duncan House, 4Th Floor, 31, Netaji Subhas Road, Kolkata-1. [Pan:Aaate8362R] Vs. Dcit, Circle-1(1), Exemptions, Kolkata…...…....................…..…..... Respondent S.A No.01/Kol/2024 (A/O I.T.A. No.251/Kol/2024) Assessment Year : 2021-22 Esgee Apex Trust…………………………..............…...……………....Appellant Duncan House, 4Th Floor, 31, Netaji Subhas Road, Kolkata-1. [Pan:Aaate8362R] Vs. Dcit, Circle-1(1), Exemptions, Kolkata…...…....................…..…..... Respondent Appearances By: Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Appellant. Shri Rakesh Kumar Das, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 20, 2024 Date Of Pronouncing The Order : February 22, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 10.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 115ASection 143(1)Section 154Section 2Section 250