https://www.taxtmi.com/caselaws?id=756208 Mauritius resident share sales were held to remain protected by the grandfathering rule under the India-Mauritius DTAA where the investments were made before 1 April 2017 and the taxpayer held a valid tax residency certificate. Applying Article 13(4) and treating the year's facts as materially identical to the earlier year's coordinate bench ruling, the gains from the long-term capital sale of shares in an Indian company were not taxable in India. On that basis, tax deducted at source on those gains was refundable, and the treaty protection was affirmed for pre-1 April 2017 investments. en-us Fri, 26 Jul 2024 00:00:00 +0530 Mon, 29 Jul 2024 10:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756208 Mauritius resident share sales were held to remain protected by the grandfathering rule under the India-Mauritius DTAA where the investments were made before 1 April 2017 and the taxpayer held a valid tax residency certificate. Applying Article 13(4) and treating the year's facts as materially identical to the earlier year's coordinate bench ruling, the gains from the long-term capital sale of shares in an Indian company were not taxable in India. On that basis, tax deducted at source on those gains was refundable, and the treaty protection was affirmed for pre-1 April 2017 investments. Case-Laws Income Tax Fri, 26 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756208