https://www.taxtmi.com/caselaws?id=756055 A Mauritius-incorporated entity with a valid Tax Residency Certificate and Global Business Licence was treated as entitled to India-Mauritius treaty relief for capital gains. The appellate finding accepted documentary evidence of Mauritius residence, including Mauritian directors and board meetings in Mauritius, and held that SEBI information relied on by the Revenue did not relate to the relevant year and could not displace that evidence on control, management or beneficial ownership. The proposed India-Mauritius protocol dated 07.03.2024 was not applied because it had not yet entered into force through notification by both contracting states. Settled TRC-based treaty entitlement principles were applied, and the Revenue's challenge failed. en-us Tue, 23 Jul 2024 00:00:00 +0530 Fri, 26 Jul 2024 09:07:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756055 A Mauritius-incorporated entity with a valid Tax Residency Certificate and Global Business Licence was treated as entitled to India-Mauritius treaty relief for capital gains. The appellate finding accepted documentary evidence of Mauritius residence, including Mauritian directors and board meetings in Mauritius, and held that SEBI information relied on by the Revenue did not relate to the relevant year and could not displace that evidence on control, management or beneficial ownership. The proposed India-Mauritius protocol dated 07.03.2024 was not applied because it had not yet entered into force through notification by both contracting states. Settled TRC-based treaty entitlement principles were applied, and the Revenue's challenge failed. Case-Laws Income Tax Tue, 23 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756055