https://www.taxtmi.com/caselaws?id=432455 Article 13(4) of the India-Mauritius tax treaty was analysed as taxing gains from alienation of property in the residence State, and the text was found not to expressly make capital gains relief dependent on beneficial ownership, unlike the dividend and interest articles. The view that beneficial ownership was an implied condition under Article 13 was treated as unsustainable because a treaty restriction must be grounded in the text or a clearly established interpretive basis. Earlier decisions were not regarded as conclusively importing that test into Article 13. The matter was therefore remitted for a speaking order on the threshold question whether beneficial ownership is legally relevant before any factual inquiry on share ownership. en-us Tue, 17 May 2022 00:00:00 +0530 Thu, 05 Jan 2023 13:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=432455 Article 13(4) of the India-Mauritius tax treaty was analysed as taxing gains from alienation of property in the residence State, and the text was found not to expressly make capital gains relief dependent on beneficial ownership, unlike the dividend and interest articles. The view that beneficial ownership was an implied condition under Article 13 was treated as unsustainable because a treaty restriction must be grounded in the text or a clearly established interpretive basis. Earlier decisions were not regarded as conclusively importing that test into Article 13. The matter was therefore remitted for a speaking order on the threshold question whether beneficial ownership is legally relevant before any factual inquiry on share ownership. Case-Laws Income Tax Tue, 17 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=432455