Case Law Details
Case Name : Re. Mrs. Punnika Parikh, Netherlands (AAR Delhi)
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Courts :
Advance Rulings
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he first question relates to tax ability of amount received on release and relinquishment of tenancy rights, whereas, the second question relates to capital gains on sale of 596 shares and as such do not involve determination of fair market value. As regards the amount received on release of tenancy rights, the tenancy rights are in respect of real estate and would be gains derived from alienation of immovable property. As the immovable property is situated in India, the gains are taxable in India under Article 13.1 of the DTAA.
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In Para 3 why Article 11 was referred as the same relates to Interest Income.