https://www.taxtmi.com/caselaws?id=435177 A valid Mauritius Tax Residency Certificate, together with CBDT circulars and treaty authorities, supports entitlement to capital gains relief under Article 13(4) of the India-Mauritius DTAA unless fraud, illegality, or sham is shown on the record. The later limitation of benefits regime, effective from 1 April 2017, cannot be applied retrospectively to an earlier investment and share transfer, so grandfathered transactions remain outside that anti-abuse test. Because the authority failed to consider the treaty text, residence certification framework, grandfathering clarification, and relevant Supreme Court guidance, the advance ruling was quashed and remitted for fresh consideration. en-us Wed, 08 Mar 2023 00:00:00 +0530 Mon, 08 May 2023 12:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=435177 A valid Mauritius Tax Residency Certificate, together with CBDT circulars and treaty authorities, supports entitlement to capital gains relief under Article 13(4) of the India-Mauritius DTAA unless fraud, illegality, or sham is shown on the record. The later limitation of benefits regime, effective from 1 April 2017, cannot be applied retrospectively to an earlier investment and share transfer, so grandfathered transactions remain outside that anti-abuse test. Because the authority failed to consider the treaty text, residence certification framework, grandfathering clarification, and relevant Supreme Court guidance, the advance ruling was quashed and remitted for fresh consideration. Case-Laws Income Tax Wed, 08 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=435177