https://www.taxtmi.com/caselaws?id=433365 Dividend received on Indian Depository Receipts by a Mauritius tax resident was not taxable in India under Article 10 of the India-Mauritius DTAA because the payment did not meet the treaty requirement of a dividend paid by a company resident in a Contracting State to a resident of the other Contracting State. As no specific treaty article otherwise covered the income and the relevant period predated Article 22(3), the amount fell within the residuary article and was taxable only in Mauritius. The addition was deleted. Penalty initiation was also challenged, but the substantive treaty relief remained the operative outcome. en-us Mon, 26 Sep 2022 00:00:00 +0530 Fri, 27 Jan 2023 09:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=433365 Dividend received on Indian Depository Receipts by a Mauritius tax resident was not taxable in India under Article 10 of the India-Mauritius DTAA because the payment did not meet the treaty requirement of a dividend paid by a company resident in a Contracting State to a resident of the other Contracting State. As no specific treaty article otherwise covered the income and the relevant period predated Article 22(3), the amount fell within the residuary article and was taxable only in Mauritius. The addition was deleted. Penalty initiation was also challenged, but the substantive treaty relief remained the operative outcome. Case-Laws Income Tax Mon, 26 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=433365