Home Case Index All Cases Income Tax Income Tax + AAR Income Tax - 1999 (5) TMI AAR This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1999 (5) TMI 582 - AAR - Income TaxWhether the applicant’s stay in India in a year is less than 182 days, and the stay in four preceding years is less than 365 days hence, he is non-resident in India under section 6 of the Income-tax Act, 1961? Whether the applicant would be entitled to be taxed at the lower rate of tax as per article 10-para. 2(b) and article 11-para. 2(b) of the said Double Taxation Avoidance Treaty at the rate of 15 per cent., on gross dividend income, arising in India (for dividend income prior to July 1, 1997) and at the rate of 12.5 per cent., on gross interest income on investment accruing and arising in India to the applicant from the investments made in debentures and bonds of Indian companies or any other interest income on loans/advances made out of his moneys from his Non-Resident External Account ? Whether on the facts and in the circumstances of the case and having regard to the fact that the applicant is a resident of UAE in terms of article 4 of the said Double Taxation Avoidance Treaty, gains arising on sale/transfer of his movable properties would be taxable only in the UAE and not in India as per article 13-para. 3 of the said DTA ?
|