https://www.taxtmi.com/caselaws?id=752334 Mauritian tax residency supported by a valid residency certificate, Category-1 Global Business Licence and treaty documents was accepted, and Indian tax authorities could not disregard that status absent cogent evidence of fraud, shell or conduit operations, or management outside Mauritius. The Tribunal also applied the India-Mauritius treaty grandfathering protection to shares acquired before 01.04.2017, and held Article 27A limitation of benefits was irrelevant where benefit was not claimed under Article 13(3B). As the DRP's directions did not amount to merits-based adjudication, the assessment order denying exemption was unsustainable and the treaty benefit under Article 13(4) was allowed. en-us Tue, 19 Mar 2024 00:00:00 +0530 Wed, 08 May 2024 14:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=752334 Mauritian tax residency supported by a valid residency certificate, Category-1 Global Business Licence and treaty documents was accepted, and Indian tax authorities could not disregard that status absent cogent evidence of fraud, shell or conduit operations, or management outside Mauritius. The Tribunal also applied the India-Mauritius treaty grandfathering protection to shares acquired before 01.04.2017, and held Article 27A limitation of benefits was irrelevant where benefit was not claimed under Article 13(3B). As the DRP's directions did not amount to merits-based adjudication, the assessment order denying exemption was unsustainable and the treaty benefit under Article 13(4) was allowed. Case-Laws Income Tax Tue, 19 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=752334