https://www.taxtmi.com/caselaws?id=790476 Trading in index-based derivatives does not amount to alienation of shares for purposes of Article 13(3A) of the India-Mauritius DTAA because derivatives and equity shares are distinct asset classes under domestic law and the treaty text refers specifically to shares. The fact that derivative value is linked to underlying shares or indices is insufficient to bring such gains within the share-specific provision. In the absence of express treaty inclusion, gains from derivative transactions fall under the residuary Article 13(4) as gains from alienation of property other than shares, and the addition made by applying Article 13(3A) was set aside. en-us Wed, 22 Apr 2026 00:00:00 +0530 Sat, 25 Apr 2026 08:51:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=790476 Trading in index-based derivatives does not amount to alienation of shares for purposes of Article 13(3A) of the India-Mauritius DTAA because derivatives and equity shares are distinct asset classes under domestic law and the treaty text refers specifically to shares. The fact that derivative value is linked to underlying shares or indices is insufficient to bring such gains within the share-specific provision. In the absence of express treaty inclusion, gains from derivative transactions fall under the residuary Article 13(4) as gains from alienation of property other than shares, and the addition made by applying Article 13(3A) was set aside. Case-Laws Income Tax Wed, 22 Apr 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=790476