https://www.taxtmi.com/caselaws?id=788193 Stock derivatives are legally distinct from shares, so gains from their alienation do not fall within the India-Mauritius DTAA provision taxing gains from "shares" under Article 13(3A). Because a derivative is a separate financial contract and not an interest in share capital, the treaty term cannot be expanded to cover derivative trading merely by reference to the underlying asset. The residual rule in Article 13(4) therefore applies, and the gain is taxable only in the State of residence. en-us Thu, 12 Mar 2026 00:00:00 +0530 Wed, 18 Mar 2026 08:20:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=788193 Stock derivatives are legally distinct from shares, so gains from their alienation do not fall within the India-Mauritius DTAA provision taxing gains from "shares" under Article 13(3A). Because a derivative is a separate financial contract and not an interest in share capital, the treaty term cannot be expanded to cover derivative trading merely by reference to the underlying asset. The residual rule in Article 13(4) therefore applies, and the gain is taxable only in the State of residence. Case-Laws Income Tax Thu, 12 Mar 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=788193