https://www.taxtmi.com/caselaws?id=798087 Section 90(2) allows a Mauritius-resident taxpayer to apply either the Income-tax Act or the India-Mauritius tax treaty, whichever is more beneficial; treaty provisions cannot be imposed compulsorily. Capital gains exempt under Article 13 do not enter total-income computation. Where capital losses on shares acquired before 1 April 2017 are determined or claimed under the Act, they may be set off and carried forward under the Act's computation rules. Previously accepted brought-forward losses remain available, requiring taxable income to be recomputed after allowing current-year and brought-forward long-term capital losses. en-us Fri, 07 Aug 2026 00:00:00 +0530 Wed, 02 Sep 2026 08:30:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=798087 Section 90(2) allows a Mauritius-resident taxpayer to apply either the Income-tax Act or the India-Mauritius tax treaty, whichever is more beneficial; treaty provisions cannot be imposed compulsorily. Capital gains exempt under Article 13 do not enter total-income computation. Where capital losses on shares acquired before 1 April 2017 are determined or claimed under the Act, they may be set off and carried forward under the Act's computation rules. Previously accepted brought-forward losses remain available, requiring taxable income to be recomputed after allowing current-year and brought-forward long-term capital losses. Case-Laws Income Tax Fri, 07 Aug 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=798087