https://www.taxtmi.com/caselaws?id=767546 Gains from sale of rights entitlements under the India-Ireland DTAA were treated as gains from alienation of property, not as gains from shares, because a rights entitlement is a distinct and separately exercisable asset under the Companies Act and market practice. On that reading, Article 13(6) applied residually, so the gain was taxable only in the State of residence and not in India. The tribunal also held that, once the treaty excluded the gain from Indian taxation, capital loss on share sales could not be set off against those exempt rights-entitlement gains in computing Indian taxable income. en-us Tue, 18 Mar 2025 00:00:00 +0530 Wed, 19 Mar 2025 10:53:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=767546 Gains from sale of rights entitlements under the India-Ireland DTAA were treated as gains from alienation of property, not as gains from shares, because a rights entitlement is a distinct and separately exercisable asset under the Companies Act and market practice. On that reading, Article 13(6) applied residually, so the gain was taxable only in the State of residence and not in India. The tribunal also held that, once the treaty excluded the gain from Indian taxation, capital loss on share sales could not be set off against those exempt rights-entitlement gains in computing Indian taxable income. Case-Laws Income Tax Tue, 18 Mar 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=767546