https://www.taxtmi.com/caselaws?id=773819 The India-Mauritius DTAA was construed as limiting Article 13(3A) to gains from alienation of shares, so redemption gains on equity-oriented mutual fund units were not brought within that clause and instead fell under Article 13(4); the treaty text could not be expanded by purposive construction or domestic-law exemptions. The protocol grandfathering also meant that gains attributable to units acquired before 1 April 2017 were outside the amended source-based taxing rule under Article 13(3A), subject to the acquisition date being established on record. On that reasoning, the addition treating mutual fund units as shares for treaty purposes was unsustainable. en-us Wed, 25 Jun 2025 00:00:00 +0530 Sat, 28 Jun 2025 08:31:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=773819 The India-Mauritius DTAA was construed as limiting Article 13(3A) to gains from alienation of shares, so redemption gains on equity-oriented mutual fund units were not brought within that clause and instead fell under Article 13(4); the treaty text could not be expanded by purposive construction or domestic-law exemptions. The protocol grandfathering also meant that gains attributable to units acquired before 1 April 2017 were outside the amended source-based taxing rule under Article 13(3A), subject to the acquisition date being established on record. On that reasoning, the addition treating mutual fund units as shares for treaty purposes was unsustainable. Case-Laws Income Tax Wed, 25 Jun 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=773819