https://www.taxtmi.com/caselaws?id=756575 A valid Mauritius Tax Residency Certificate is treated as statutory evidence of residence and shifts the burden to the Revenue to prove, with cogent material, that the assessee is a conduit or treaty-shopping vehicle. Applying CBDT Circular Nos. 682 and 789 and the cited Supreme Court authorities, the note explains that the Revenue must rebut treaty entitlement by evidence, not suspicion. On the factual material discussed-Mauritius incorporation, office, resident directors, board meetings, records, audited accounts, tax filings, and investment decisions-the Tribunal found no sufficient basis to deny India-Mauritius treaty relief. Foreign group links and substance-over-form arguments, by themselves, were held inadequate to displace the treaty-residence claim. en-us Fri, 26 Jul 2024 00:00:00 +0530 Mon, 16 Dec 2024 11:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756575 A valid Mauritius Tax Residency Certificate is treated as statutory evidence of residence and shifts the burden to the Revenue to prove, with cogent material, that the assessee is a conduit or treaty-shopping vehicle. Applying CBDT Circular Nos. 682 and 789 and the cited Supreme Court authorities, the note explains that the Revenue must rebut treaty entitlement by evidence, not suspicion. On the factual material discussed-Mauritius incorporation, office, resident directors, board meetings, records, audited accounts, tax filings, and investment decisions-the Tribunal found no sufficient basis to deny India-Mauritius treaty relief. Foreign group links and substance-over-form arguments, by themselves, were held inadequate to displace the treaty-residence claim. Case-Laws Income Tax Fri, 26 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756575