✅ Tax Residency Matters: India taxes only residents on global income. NRIs are taxed only on income earned or received in India. ✅ Source Rule: Apple shares are foreign assets, and the sale happens outside India—so India has no tax claim. ✅ DTAA with the USA: Under the India-USA DTAA, capital gains from US-listed stocks are taxed only in the USA. Conclusion: If the NRI is not a tax resident of India and has no Indian income, India cannot tax the capital gain from selling Apple shares. Disclaimer: This isn’t tax advice. Consult a tax expert for specific cases.