https://www.taxtmi.com/caselaws?id=207124 For treaty residency under Article 4(1) of the Indo-UAE DTAA, "liable to tax" covers a person whom the foreign State has the right to tax by reason of residence or a similar nexus, even if no tax is actually levied there. On that basis, the Tribunal held that the assessee, a UAE resident, could claim treaty benefits and the short-term capital gains were exempt from tax in India under Article 13(3). It also applied the principle that a tax treaty can prevent potential double taxation, not only actual double taxation, so the absence of current tax liability in the UAE did not defeat relief. en-us Fri, 26 Aug 2011 00:00:00 +0530 Mon, 25 Apr 2016 17:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=207124 For treaty residency under Article 4(1) of the Indo-UAE DTAA, "liable to tax" covers a person whom the foreign State has the right to tax by reason of residence or a similar nexus, even if no tax is actually levied there. On that basis, the Tribunal held that the assessee, a UAE resident, could claim treaty benefits and the short-term capital gains were exempt from tax in India under Article 13(3). It also applied the principle that a tax treaty can prevent potential double taxation, not only actual double taxation, so the absence of current tax liability in the UAE did not defeat relief. Case-Laws Income Tax Fri, 26 Aug 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=207124