Article 13(4) of DTAA benefit is available on entire STCG/ LTCG before setting off brought forward STCG/LTCG

DCIT Vs Swiss Finance Corporation (ITAT Mumbai) ITAT Mumbai held that assessee is entitled to claim benefit of Article 13(4) of DTAA in respect of entire current year Short/Long Term Capital Gains, without setting of the Brought Forward Short/Long Term Capital Gains. Facts- The Assessee is a non-resident Foreign Institutional Investor (FII) registered as a company in Mauritius. During the assessment proceeding, AO noted that the Assessee was claiming carry forward of Short Term Capital Losses pertaining to Assessment Years 2009-10, 2012-13 and 2014-15 and Long Term Capital Losses pertaining to...