https://www.taxtmi.com/caselaws?id=202638 A Mauritius resident holding a valid Tax Residency Certificate was treated as taxable only in Mauritius on gains from the sale of shares in an Indian company under Article 13(4) of the India-Mauritius DTAA. The ruling relied on CBDT circulars and the principle that, where the treaty is more beneficial than the Income-tax Act, the treaty prevails to the extent of any inconsistency. On that basis, Indian capital gains tax did not apply and no withholding obligation arose under section 195. en-us Mon, 28 Mar 2011 00:00:00 +0530 Fri, 07 Oct 2016 17:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=202638 A Mauritius resident holding a valid Tax Residency Certificate was treated as taxable only in Mauritius on gains from the sale of shares in an Indian company under Article 13(4) of the India-Mauritius DTAA. The ruling relied on CBDT circulars and the principle that, where the treaty is more beneficial than the Income-tax Act, the treaty prevails to the extent of any inconsistency. On that basis, Indian capital gains tax did not apply and no withholding obligation arose under section 195. Case-Laws Income Tax Mon, 28 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=202638