https://www.taxtmi.com/caselaws?id=181042 Under the Indo-UAE DTAA, a UAE resident was entitled to treaty protection on capital gains from transfer of shares and securities because the phrase "liable to tax" in Article 4 was treated as referring to fiscal domicile, not actual assessment or payment of tax in the UAE. The Tribunal applied the settled principle that treaty relief depends on the other State having the right to tax, even if that right is not exercised, and that the treaty guards against potential as well as current double taxation. On that basis, the capital gains were not taxable in India under the treaty. en-us Fri, 24 Sep 2010 00:00:00 +0530 Sat, 06 May 2017 15:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=181042 Under the Indo-UAE DTAA, a UAE resident was entitled to treaty protection on capital gains from transfer of shares and securities because the phrase "liable to tax" in Article 4 was treated as referring to fiscal domicile, not actual assessment or payment of tax in the UAE. The Tribunal applied the settled principle that treaty relief depends on the other State having the right to tax, even if that right is not exercised, and that the treaty guards against potential as well as current double taxation. On that basis, the capital gains were not taxable in India under the treaty. Case-Laws Income Tax Fri, 24 Sep 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=181042