Certificate of residence under Indo Mauritius DTAC secures treaty tax treatment for Mauritius resident investors on dividends and capital gains. A Certificate of Residence issued by Mauritian authorities is sufficient evidence of both residence and beneficial ownership for applying the Indo Mauritius DTAC to dividends and capital gains; Mauritius resident FIIs and funds incorporated and taxable in Mauritius are treated as residents and, accordingly, not taxable in India on capital gains from sale of shares under Article 13. Where an entity is resident of both States, paragraph 3 of Article 4 deems it resident in the State of its place of effective management, permitting Assessing Officers to determine residence on the facts.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Certificate of residence under Indo Mauritius DTAC secures treaty tax treatment for Mauritius resident investors on dividends and capital gains.
A Certificate of Residence issued by Mauritian authorities is sufficient evidence of both residence and beneficial ownership for applying the Indo Mauritius DTAC to dividends and capital gains; Mauritius resident FIIs and funds incorporated and taxable in Mauritius are treated as residents and, accordingly, not taxable in India on capital gains from sale of shares under Article 13. Where an entity is resident of both States, paragraph 3 of Article 4 deems it resident in the State of its place of effective management, permitting Assessing Officers to determine residence on the facts.
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