https://www.taxtmi.com/caselaws?id=310682 A valid Tax Residency Certificate generally establishes Mauritius treaty residence for India-Mauritius DTAA purposes, and Indian tax authorities cannot ordinarily go behind it to question residence. For capital gains on sale of unlisted shares acquired before 01.04.2017, the analysis treats Article 13(4) as governing, with Article 13(3A), Article 13(3B) and the Limitation of Benefit clause in Article 27A being inapplicable on those facts. Unsupported allegations that the investor is a shell or conduit entity do not displace treaty entitlement. Where a limited portion of short-term capital gains may relate to shares acquired after 01.04.2017, factual verification is required to determine whether the post-cut-off treaty regime applies. en-us Fri, 11 Aug 2023 00:00:00 +0530 Tue, 27 Aug 2024 12:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310682 A valid Tax Residency Certificate generally establishes Mauritius treaty residence for India-Mauritius DTAA purposes, and Indian tax authorities cannot ordinarily go behind it to question residence. For capital gains on sale of unlisted shares acquired before 01.04.2017, the analysis treats Article 13(4) as governing, with Article 13(3A), Article 13(3B) and the Limitation of Benefit clause in Article 27A being inapplicable on those facts. Unsupported allegations that the investor is a shell or conduit entity do not displace treaty entitlement. Where a limited portion of short-term capital gains may relate to shares acquired after 01.04.2017, factual verification is required to determine whether the post-cut-off treaty regime applies. Case-Laws Income Tax Fri, 11 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310682