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1994 (12) TMI 329 - AAR - Income TaxWhether the applicant, an individual residing in the U. A. E. is entitled to claim the benefit of the provisions of the tax treaty entered into between India and U. A. E. ? Whether in terms of article 13(3) and article 4 of the tax treaty between India and U. A. E., the applicant, an individual Indian national residing in U. A. E., is liable to capital gains tax on the transfer effected in India of movable assets in the nature of shares, debentures and other securities ? Whether the applicant is liable to capital gains tax on the transfer effected in India of movable assets in the nature of shares, debentures and other securities read with section 112 of the Income-tax Act, 1961, and the provisions of the tax treaty between India and U. A. E. ? Whether in terms of the tax treaty between India and U. A. E., the applicant is liable to capital gains tax on the transfer effected in India of movable assets in the nature of shares, debentures and other securities are : (a) acquired prior to the coming into effect of the tax treaty between India and U. A. E. ; (b) acquired prior to his becoming a non-resident ; (c) after his becoming a non-resident but from out of nonrepatriable funds in India. Whether in terms of article 10 of the tax treaty between India and the U. A. E., the income received/receivable by applicant in India by way of dividend is liable to tax in India at 15 per cent. ? Whether in terms of article 11 of the tax treaty between India and the U. A. E., the income received/receivable by the applicant in India by way of interest on debentures/bonds/balance in the capital account in partnership-firm is liable to tax in India at 12.5 per cent. ?
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