https://www.taxtmi.com/caselaws?id=263302 A valid Mauritian tax residency certificate had to be accepted as proof of residence for the India-Mauritius tax treaty and the CBDT circulars, so the transferor companies were treated as Mauritius residents for treaty purposes. On that basis, gains from the sale of shares fell within the treaty rule taxing such gains only in the State of residence, because the shares did not fall within the treaty's specified exceptions. The Court held that actual payment of tax in Mauritius was not required, that treaty benefit was not denied by a general anti-avoidance objection on the facts found, and that no Indian tax was chargeable on the gains. As a result, the purchaser had no obligation to deduct tax at source under section 195. en-us Wed, 26 Aug 2015 00:00:00 +0530 Sat, 05 Mar 2016 16:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=263302 A valid Mauritian tax residency certificate had to be accepted as proof of residence for the India-Mauritius tax treaty and the CBDT circulars, so the transferor companies were treated as Mauritius residents for treaty purposes. On that basis, gains from the sale of shares fell within the treaty rule taxing such gains only in the State of residence, because the shares did not fall within the treaty's specified exceptions. The Court held that actual payment of tax in Mauritius was not required, that treaty benefit was not denied by a general anti-avoidance objection on the facts found, and that no Indian tax was chargeable on the gains. As a result, the purchaser had no obligation to deduct tax at source under section 195. Case-Laws Income Tax Wed, 26 Aug 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=263302