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2022 (12) TMI 627 - AT - Income TaxIncome accrued in India - income from rented properties held by the appellant in Australia and UK - right of the resident country to tax its residents - AO referred to the Notification No. 91/2008 dated 28.08.2008 and construed the words “may be taxed” as “shall be taxed” - DTAA with UK - assessee is a tax resident of India received rental income from the properties outside India held by her in England and Australia and declared the rental income received by her in her return of income filed in Australia and United Kingdom - HELD THAT:- We find that in the absence of an express provision, the right of the resident country to tax its residents cannot be taken away under the DTAA. Therefore, the expression “may be taxed” cannot be construed to mean “shall be taxable only in the resident state”, unless it is expressly stated. Provisions of Section 90(1)(a)(i) is clearly applicable to the facts of the case. Appeals of the assessee are allowed.
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