Goldman Sachs Investment (Mauritius) Ltd. v. Dy.CIT (2020) 194 DTR 329 / 207 TTJ 913 / (2021) 187 ITD 184 (Mum.)(Trib.)

S. 74 : Carry forward of capital losses-Brought forward from sale of securities-Capital gains were not taxable in India by virtue of India-Mauritius treaty-loss has been rightly carried forward-DTAA-India-Mauritius. [Art. 13]

Where the assessee had brought forward capital loss from transfer of securities from previous AY. The aforesaid loss was determined in the hands of the assessee vide an intimation under S. 143(1) for AY.  2002-03. It has been observed that the capital gains were not taxable in India as per Article 13 of the Indian-Mauritius Tax Treaty. It was held that the brought forward short term capital loss of the previous years was rightly carried forward by the assessee to the subsequent years.  (AY. 2013-14)