https://www.taxtmi.com/caselaws?id=441844 A Mauritius company with a valid Tax Residency Certificate and Category 1 Global Business Licence was treated as entitled to India-Mauritius treaty benefits, as the residency certificate and treaty framework were not displaced by allegations of conduit status, lack of Mauritius tax payment, absence of employees, or ownership structure. The shares had been acquired in 2009 and transferred after Indian regulatory scrutiny, supporting commercial substance. Because the shares were acquired before 1 April 2017, Article 13(3A) did not apply, and the long-term capital gain on sale of shares of an Indian company was treated as exempt from Indian tax under Article 13(4). en-us Mon, 14 Aug 2023 00:00:00 +0530 Fri, 18 Aug 2023 08:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=441844 A Mauritius company with a valid Tax Residency Certificate and Category 1 Global Business Licence was treated as entitled to India-Mauritius treaty benefits, as the residency certificate and treaty framework were not displaced by allegations of conduit status, lack of Mauritius tax payment, absence of employees, or ownership structure. The shares had been acquired in 2009 and transferred after Indian regulatory scrutiny, supporting commercial substance. Because the shares were acquired before 1 April 2017, Article 13(3A) did not apply, and the long-term capital gain on sale of shares of an Indian company was treated as exempt from Indian tax under Article 13(4). Case-Laws Income Tax Mon, 14 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=441844