2013 (12) TMI 994

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..... Decided against Revenue.
R.S.Syal And Vivek Varma , JJ. For the Appellant : Ms. Neeraja Pradhan. For the Respondent : Hitesh Trivedi. ORDER:- PER : R.S. Syal This appeal by the Revenue arises out of the order passed by the Commissioner of Income-tax (Appeals) on 18.03.2011 in relation to the assessment year 2008-2009. 2. The only effective ground is as under:- "On the facts and in the .....

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..... s are not taxable in UAE and hence cannot be held to "residents of the Contracting State as per Article 4 of Indo-UAE Treaty". In view of this, the assessee was held to be not entitled to benefit of the DTAA. Resultantly, income from capital gains was charged to tax. The learned CIT(A) held the assessee to be entitled to the benefit of the DTAA. 4. At the very outset, the learned Counsel for the .....

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