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    <title>2019 (7) TMI 598 - ITAT COCHIN</title>
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    <description>Short-term capital gains from a UAE resident&#039;s sale of equity-oriented mutual fund units were held not to fall within Article 13(4) of the India-UAE DTAA, because the treaty term &quot;shares&quot; was given its domestic meaning and mutual fund units are distinct from shares under the Companies Act and the broader securities framework. As the treaty provision for shares did not apply, the residuary Article 13(5) governed the transfer of property other than shares. The gains were therefore not taxable in India under Article 13(4), and the addition was deleted in favour of the assessee.</description>
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      <title>2019 (7) TMI 598 - ITAT COCHIN</title>
      <link>https://www.taxtmi.com/caselaws?id=382902</link>
      <description>Short-term capital gains from a UAE resident&#039;s sale of equity-oriented mutual fund units were held not to fall within Article 13(4) of the India-UAE DTAA, because the treaty term &quot;shares&quot; was given its domestic meaning and mutual fund units are distinct from shares under the Companies Act and the broader securities framework. As the treaty provision for shares did not apply, the residuary Article 13(5) governed the transfer of property other than shares. The gains were therefore not taxable in India under Article 13(4), and the addition was deleted in favour of the assessee.</description>
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