https://www.taxtmi.com/caselaws?id=445340 A Mauritius tax resident holding a valid Tax Residency Certificate and Category 1 Global Business Licence was treated as entitled to India-Mauritius treaty relief on long-term capital gains from shares acquired before 1 April 2017. Mere allegations of lack of substance, external control, or conduit status were insufficient without cogent evidence. Treaty benefits could be denied only through the applicable anti-avoidance framework, but GAAR was not invoked and the limitation of benefit clause was also not applied. On the stated facts, Article 13(4) exemption was available and the gains were not taxable in India. en-us Thu, 26 Oct 2023 00:00:00 +0530 Mon, 06 Nov 2023 10:36:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445340 A Mauritius tax resident holding a valid Tax Residency Certificate and Category 1 Global Business Licence was treated as entitled to India-Mauritius treaty relief on long-term capital gains from shares acquired before 1 April 2017. Mere allegations of lack of substance, external control, or conduit status were insufficient without cogent evidence. Treaty benefits could be denied only through the applicable anti-avoidance framework, but GAAR was not invoked and the limitation of benefit clause was also not applied. On the stated facts, Article 13(4) exemption was available and the gains were not taxable in India. Case-Laws Income Tax Thu, 26 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445340