Beneficial treaty choice under section 90(2) permits capital-loss set-off and carry-forward despite India-Mauritius DTAA treatment.

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....Section 90(2) permits a taxpayer to elect the more beneficial treatment available under domestic tax law or the India-Mauritius DTAA; treaty treatment cannot be imposed where the domestic-law position is more favourable. This principle supports setting off current and brought-forward long-term capital losses on shares acquired before 1 April 2017 against taxable capital gains from shares acquired thereafter. The claimed losses are to be considered in recomputing taxable income where the taxpayer validly exercises the beneficial statutory option.....