During year under consideration, assessee-Indian resident, sold shares held in UAE based company and earned long term capital gain (LTCG).  It claimed exemption of same from taxation by virtue of article 13 of DTAA between India and UAE  Held that  since assessee was an Indian resident, taxability of said LTCG was to be determined as per Income-tax Act.  Therefore benefit of exemption sought by assessee under article 13 of DTAA that deals with capital gains on alienation of shares was  rejected.  (AY. 2015-16)