https://www.taxtmi.com/caselaws?id=372487 Where a tax treaty issue had already been decided in the assessee's own case on identical facts, the Tribunal followed that earlier view and held that capital gains from sale of shares and related foreign exchange transactions were not taxable in India under the India-Spain DTAA. The Revenue's reliance on Article 14(4) did not justify a different result because no distinguishing feature was shown, and the same treaty exemption under Article 14(6) applied for the year under consideration. The exemption was therefore accepted, the addition was not sustained, and the assessee's loss treatment remained intact. en-us Fri, 09 Nov 2018 00:00:00 +0530 Mon, 24 Dec 2018 08:31:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=372487 Where a tax treaty issue had already been decided in the assessee's own case on identical facts, the Tribunal followed that earlier view and held that capital gains from sale of shares and related foreign exchange transactions were not taxable in India under the India-Spain DTAA. The Revenue's reliance on Article 14(4) did not justify a different result because no distinguishing feature was shown, and the same treaty exemption under Article 14(6) applied for the year under consideration. The exemption was therefore accepted, the addition was not sustained, and the assessee's loss treatment remained intact. Case-Laws Income Tax Fri, 09 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=372487