https://www.taxtmi.com/caselaws?id=444790 Section 90(2) permits an assessee to apply the more beneficial treaty or domestic provision on a stream-wise basis, so the India-Mauritius DTAA could exempt short-term capital gains while the Income-tax Act continued to govern carry-forward of long-term capital loss. The treaty allocates taxing rights on capital gains but does not govern computation or set-off, and sections 70 and 74 keep short-term and long-term capital results separate for tax purposes. On that basis, the long-term capital loss remained eligible for carry forward under the Act, and the contrary view was rejected. en-us Fri, 06 Oct 2023 00:00:00 +0530 Mon, 23 Oct 2023 14:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=444790 Section 90(2) permits an assessee to apply the more beneficial treaty or domestic provision on a stream-wise basis, so the India-Mauritius DTAA could exempt short-term capital gains while the Income-tax Act continued to govern carry-forward of long-term capital loss. The treaty allocates taxing rights on capital gains but does not govern computation or set-off, and sections 70 and 74 keep short-term and long-term capital results separate for tax purposes. On that basis, the long-term capital loss remained eligible for carry forward under the Act, and the contrary view was rejected. Case-Laws Income Tax Fri, 06 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=444790