Section 90(2) permits a taxpayer to elect the more beneficial...

Section 90(2) permits a taxpayer to elect the more beneficial treatment available under domestic tax law or the India-Mauritius DTAA; treaty treatment cannot be imposed where the domestic-law position is more favourable. This principle supports setting off current and brought-forward long-term capital losses on shares acquired before 1 April 2017 against taxable capital gains from shares acquired thereafter. The claimed losses are to be considered in recomputing taxable income where the taxpayer validly exercises the beneficial statutory option.