https://www.taxtmi.com/caselaws?id=392739 Capital gains from the transfer of shares by a Mauritius resident company were treated as taxable in India because the treaty claim under Article 13(4) of the India-Mauritius DTAA was denied. The arrangement was found to lack commercial substance: the Mauritius entity was incorporated shortly before the bid, inserted late into the consortium structure, and had no independent business rationale beyond routing the investment. On that basis, beneficial ownership and residence status were insufficient to secure treaty protection, and the anti-avoidance principle prevailed over the formal structure of the transaction. en-us Mon, 10 Feb 2020 00:00:00 +0530 Tue, 25 Feb 2020 17:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=392739 Capital gains from the transfer of shares by a Mauritius resident company were treated as taxable in India because the treaty claim under Article 13(4) of the India-Mauritius DTAA was denied. The arrangement was found to lack commercial substance: the Mauritius entity was incorporated shortly before the bid, inserted late into the consortium structure, and had no independent business rationale beyond routing the investment. On that basis, beneficial ownership and residence status were insufficient to secure treaty protection, and the anti-avoidance principle prevailed over the formal structure of the transaction. Case-Laws Income Tax Mon, 10 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=392739