Addition of investment in India by tax resident of UAE unsustainable in terms of Indo-UAE treaty

ITO Vs Rajeev Suresh Gehi (ITAT Mumbai) ITAT Mumbai held that addition of investment made in India by tax resident of UAE is unsustainable as in terms of Indo UAE tax treaty, the right to tax the income doesn’t belong to India. Facts- Assessee is an Indian National, fiscally domiciled in and tax resident of UAE for over three decades and therefore he is eligible for benefit of India UAE Double Taxation Avoidance Agreement. As per information received from the DDIT (Investigation), Mumbai it was noticed that the assessee has paid cash amounting to Rs. 3,65,00,000/- as loan during the year und...