https://www.taxtmi.com/caselaws?id=408089 Dividend-like receipts from India Depository Receipts were treated as taxable in India under domestic law because the structure was operated through an Indian depository, with receipt and accrual held to occur in India. The contrary argument that payment was completed abroad was rejected, and the deeming provisions on receipt and accrual were applied. Treaty protection under the India-Mauritius DTAA was nevertheless available because the recipient was a Mauritius resident and the payment was not treated as a dividend under Article 10; it fell within Article 22 as residuary income. For the period before 1 April 2017, exclusive taxing rights vested in Mauritius, so Indian taxation was barred and the addition was deleted. en-us Fri, 28 May 2021 00:00:00 +0530 Fri, 27 Jan 2023 09:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=408089 Dividend-like receipts from India Depository Receipts were treated as taxable in India under domestic law because the structure was operated through an Indian depository, with receipt and accrual held to occur in India. The contrary argument that payment was completed abroad was rejected, and the deeming provisions on receipt and accrual were applied. Treaty protection under the India-Mauritius DTAA was nevertheless available because the recipient was a Mauritius resident and the payment was not treated as a dividend under Article 10; it fell within Article 22 as residuary income. For the period before 1 April 2017, exclusive taxing rights vested in Mauritius, so Indian taxation was barred and the addition was deleted. Case-Laws Income Tax Fri, 28 May 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=408089