International taxation (DTAA)

This query is : Resolved

suhasinid1989

suhasinid1989 (Querist)
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06 February 2020 Assessee has earned income from other source and capital gain in USA and paid tax at 10% on each (i.e on dividend income and CG)
Now question arise here as follow:

during the AY assessee is a resident in India and has a taxable income in India also and all the income including USA income briefed with example as follow:

1.Capital gain of USA after converting to INR and giving indexation benefit it is coming loss ( XX)
2.Income from other source including Indian income XX
Questions to be answered as follow
whether assessee is eligible for claiming rebate u/s 91 (DTAA) even though he has taken a indexation benefit while computing capital gain of USA in India?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 February 2020 No rebate can be claimed on loss income reported.

Message likes : 1 times

suhasinid1989

suhasinid1989 (Querist)
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06 February 2020 thank you for valuable reply sir

Amol S Joglekar

Amol S Joglekar (Expert)
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06 February 2020 rebate can not be claimed
.

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