To
The Deputy Commissioner,
Authority for Advance Ruling,
Room No.610, Mayur Bhawan, Connaught Circus,
New Delhi - 110 001.
Dear Sir,
Re 	: 	Non-Resident Indian residing in U.A.E.
Sub 	: 	Advance Rulings.
Under instructions from our above named client we enclose herewith in quadruplicate the following:
1.	Application in prescribed form; i.e., Form No.34C.
2.	Verification duly signed by power of attorney holder together with a copy of power of attorney.
3.	Annexure 'A' being questions relating to transactions on which advance ruling is required.
4.	Annexure 'I' being statement of relevant facts having bearing on the questions.
5.	Annexure 'II' being statement containing the applicants interpretation of law or facts, as the case may be in respect of the questions on which advance ruling is required.
6.	Xerox copy of the advance ruling in the case of Mr.___________________.
7.	A Demand Draft of Rs.2,500/- favouring 'Authority for Advance Ruling' payable at New Delhi'.
Since the similar issue has been decided (____________) you are requested to give advance ruling as soon as possible. If any contrary view is to be taken then the hearing be fixed preferably in Bombay. Your early action will be highly appreciated.
Thanking you,
Yours faithfully,
Form No.34C
Form of application for obtaining an advance ruling u/s. 245Q(1) of the Income Tax Act, 1961
Before the Authority of Advance Rulings
Application No._____________ of 1996
1.	Full name and address of the applicant	:	Dr. ABC, B/2 Satyanand Society,
			Dr. Almeida Road, Thane.
2.	Telephone and Fax No.	:	022-5335526 / 022-5360523
3.	Country in which he is resident	:	U.A.E.
4.	Status	:	Individual
5.	Basis of claim for being a non-resident	:	Staying in U.A.E. since May 1991
6.	The Commissioner having jurisdiction	:	Commissioner of Income Tax
	over the applicant		Bombay City II
7.	Permanent Account No.	:	35-096-PN-4907
			BMY/ITO-WD 14(4)
			GIR No. ITO WD 14(4) 332-R
8.	Questions relating to the transactions on	:	Please see 'Annexure 'A'
	which the advance ruling is required
9.	Statement of relevant facts having a 	:	Please see 'Annexure I'
	bearing on the aforesaid questions
10.	Statement containing the applicant's	:	Please see 'Annexure II'
	interpretation of law or facts, as the
	case may be, in respect of the aforesaid
	questions
11.	List of documents/statements attached	:	a)	Photo copy of Power of Attorney 					authorising wife Dr. _______ to sign.
			b)	Demand Draft of Rs.2,500/-
			c)	Photo Copy of Judgment 213 ITR 317.
12.	Particulars of account payee demand	:	Demand Draft of Rs.2,500/- (Rupees
	draft accompanying the application		Two thousand five hundred only)
			No.4317 drawn on Bank of India,
			New Delhi.
13.	Name and address of authorised	:	Mr. ________________
	representative in India, if any		Advocate
			Chamber of Income Tax Consultants
			Bombay. 
Verification
I, Dr.______________ wife and a Power of Attorney holder for Dr. ______________ do hereby declare that to the best of my knowledge and belief what is stated above and in the annexures, including the documents accompanying such annexures is correct and complete. I further declare that I am making this application in my capacity as holder of Power of Attorney and that I am competent to make the application and verify it.
I also declare that question on which the advance ruling is required is not pending in this case before any income-tax authority, the Appellate Tribunal or any court.
Verified today the __________ day of ___________ 199__.
Place : Bombay	Signature
Annexure 'A'
Questions relating to the transactions on which the Advance Ruling is required:
1.	Whether the assessee can claim the benefits of Agreement for avoidance of double taxation and prevention of fiscal evasion, entered between the Government of the Republic of India and Government of the United Arab Emirates (Notification No. G.S.R. 710 (E), dated 18.11.1993) from Assessment Year 1995-96 and onwards.
2.	If the answer to (1) is affirmative then:
(a)	Whether Dividend accrued and received by assessee in India as a beneficial owner and taxable as per the provisions of section 56(2)(i) of the Income Tax Act, 1961 will be taxed @ 15% of the gross amount of Dividend according to the Article 10 of the above mentioned Treaty. Also whether the dividend from Unit Trust of India or from Mutual Fund Specified under Clause (23D) of Section 10 will be given the same treatment and taxed @ 15% of the gross amount.
(b)	Whether interest accrued and received by assessee in India as a beneficial owner and taxable u/s. 56 of the Income Tax Act, 1961 will be taxed @ 12.5% of the gross amount of interest according to the Article 11 of the abovementioned treaty.
(c)	Whether Capital Gain (Long-term as well as short-term Capital Gain) arising from the Sale of Shares, Debentures, Units and other like securities will be totally exempt from tax in India according to Article 13 of the abovementioned Treaty.
3.	If the answer to (1) is negative then:
	Whether the dividend Income, interest received from Government or an Indian concern and income received in respect of Units of Mutual Funds specified under Clause (23D) of Section 10 or Unit Trust of India will be taxable as per the provisions of Section 115-A or as per the provisions of Section 115-E.
Place:
Date:	Signature
Annexure I
Statement of the relevant facts having a bearing on the questions on which the advance ruling is required:
1.	The Applicant is a non-resident Indian residing in U.A.E.	since ...................
2.	The Applicant derives income from the investments made in Equity Shares, Debentures, bonds of Indian Companies and units of Unit Trust of India and other mutual Funds.
3.	The Applicant also derives capital gain/loss on sale of above investments.
4.	The Applicant is a Radiologist in the Ministry of Health (Abu Dhabi), is a resident of U.A.E. within the meaning of Article 4(1) of the DTAA.
5.	The family of the Applicant consists of wife, 2 daughters and a son all residing in India.
6.	The Applicant resides in Abu Dhabi in an accommodation provided by the employer.
7.	The authority for Advance Rulings in the case of Mohsinally Alimohammed Rafik reported in 213 ITR 317, held in favour of the assessee on similar issue raised by your appellant. Copy of judgment is enclosed herewith.
Place:
Date:	Signature

Annexure II
Statement containing the applicant's interpretation of law or facts as the case may be in respect of the questions on which advance ruling is required:
Interpretation of Law
1.	The applicant states that the Agreement for avoidance of double taxation and prevention of fiscal evasion, entered between the Government of the Republic of India and Government of the United Arab Emirates overrides the Income Tax Act, 1961 and hence the Income earned by the applicant be taxed at rates mentioned in Annexure 'I' (2) forming part of this application.
2.	Without prejudice to the above the income earned by the applicant be taxed @ 20% as applicable to Non-residents is respect of Dividend and Interest as per the provisions of Section 115-A of the Income Tax Act, 1961 as amended by the Finance Act, 1994.
Appellant therefore humbly request this honourable authority for advance ruling to give/issue advance ruling at an early date and oblige.
Place:
									Date:	
                                                                                                      Signature: