https://www.taxtmi.com/caselaws?id=445613 ITAT Jaipur dismissed the appeal where an Indian resident claimed rental income from Australian properties should not be taxable in India under Article 6 of the DTAA. The assessee had excluded this income from Indian returns and paid tax in Australia. The Tribunal held that following the 2004 amendment to section 90(3), the expression "may be taxed" in DTAA articles no longer prevents India from taxing such income even when tax is paid in the source country. The lower authorities' decision to include the rental income in Indian taxable income was upheld. en-us Thu, 09 Nov 2023 00:00:00 +0530 Fri, 10 Nov 2023 17:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445613 ITAT Jaipur dismissed the appeal where an Indian resident claimed rental income from Australian properties should not be taxable in India under Article 6 of the DTAA. The assessee had excluded this income from Indian returns and paid tax in Australia. The Tribunal held that following the 2004 amendment to section 90(3), the expression "may be taxed" in DTAA articles no longer prevents India from taxing such income even when tax is paid in the source country. The lower authorities' decision to include the rental income in Indian taxable income was upheld. Case-Laws Income Tax Thu, 09 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445613