Capital gains residency rule: Mauritius residents' gains from alienation of shares taxable only in Mauritius. Paragraph 4 of Article 13 allocates exclusive taxing rights over capital gains from property not covered by earlier subparagraphs to the State of residence of the person deriving the gains; accordingly, capital gains realised by a Mauritius resident from the alienation of shares are taxable only in Mauritius under Mauritius law and not taxable in India. Paragraph 5 defines 'alienation' to include sale, exchange, transfer, relinquishment, extinguishment of rights or compulsory acquisition.
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Provisions expressly mentioned in the judgment/order text.
Capital gains residency rule: Mauritius residents' gains from alienation of shares taxable only in Mauritius.
Paragraph 4 of Article 13 allocates exclusive taxing rights over capital gains from property not covered by earlier subparagraphs to the State of residence of the person deriving the gains; accordingly, capital gains realised by a Mauritius resident from the alienation of shares are taxable only in Mauritius under Mauritius law and not taxable in India. Paragraph 5 defines "alienation" to include sale, exchange, transfer, relinquishment, extinguishment of rights or compulsory acquisition.
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