Capital gain

This query is : Resolved 

24 August 2013 If a NRI person wants to sell his immovable property situated in INDIA, and wants to purchase a property situated in USA. Can he claim deduction to prevent CAPITAL GAIN because of Double Taxation Agreement with USA. Kindly give full details and section/source.

24 August 2013 Deduction for Capital gain arising in India can be claimed in view of the decision in

Mrs. Prema P. Shah and Sanjiv P. Shah v. ITO
282 ITR (AT) 211 (Mum.)

However, effect of double taxation is not touched upon in the above observation. It is left open to other experts to comment upon.


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