International taxation (DTAA)


This query is : Resolved 

Quick Summary
This discussion explores whether an Indian resident can claim a tax rebate under Section 91 (DTAA) for income earned and taxed in the USA. Specifically, it questions eligibility when indexation benefits are applied to US capital gains, potentially resulting in a loss in India. The consensus is that a rebate cannot be claimed on income that results in a loss after Indian tax computations.

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?


06 February 2020 No rebate can be claimed on loss income reported.

06 February 2020 thank you for valuable reply sir

06 February 2020 rebate can not be claimed
.


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