https://www.taxtmi.com/caselaws?id=329862 Capital gains from the sale of immovable property in Sri Lanka were examined under the residence rules in Section 6 of the Income-tax Act and Article 4 of the India-Sri Lanka DTAA. The Tribunal analysed permanent home, centre of vital interests and habitual abode, and on the facts found the assessee's personal and economic ties had shifted to India, so treaty residence remained in India. Applying Article 13, it treated gains from alienation of Sri Lankan immovable property as taxable in Sri Lanka, with relief in India to be granted under the DTAA. Notification No. 91 of 2008 was treated as clarificatory for relief and double taxation. en-us Thu, 07 Jul 2016 00:00:00 +0530 Mon, 11 Jul 2016 13:41:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=329862 Capital gains from the sale of immovable property in Sri Lanka were examined under the residence rules in Section 6 of the Income-tax Act and Article 4 of the India-Sri Lanka DTAA. The Tribunal analysed permanent home, centre of vital interests and habitual abode, and on the facts found the assessee's personal and economic ties had shifted to India, so treaty residence remained in India. Applying Article 13, it treated gains from alienation of Sri Lankan immovable property as taxable in Sri Lanka, with relief in India to be granted under the DTAA. Notification No. 91 of 2008 was treated as clarificatory for relief and double taxation. Case-Laws Income Tax Thu, 07 Jul 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=329862