international taxation, Income Tax

[MANOHAR KALBURGI]

Dear sir/madam

Assessee has earned income from other source and capital gain in USA and paid tax at 10% on each (i.e on dividend income and CG) Now question arise here as follow:

during the AY assessee is a resident in India and has a taxable income in India also and all the income including USA income briefed with example as follow:

1.Capital gain of USA after converting to INR and giving indexation benefit it is coming loss ( XX)

2.Income from other source including Indian income XX

Questions to be answered as follow

whether assessee is eligible for claiming rebate u/s 91 (DTAA) even though he has taken a indexation benefit while computing capital gain of USA in India?

Thank you in advance