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July 2022

Article 13 of India-Mauritius DTAA – Where Article of DTAA does not include beneficial ownership condition, reading such condition in the Article will amount to rewriting DTAA provision; hence, in absence of such condition in Article 13, capital gain exemption cannot be denied

By Geeta Jani | Dhishat B. Mehta | Bhaumik Goda
Chartered Accountants
Reading Time 3 mins
7 Blackstone FP Capital Partners Mauritius V Ltd vs. DCIT [[2022] 138 taxmann.com 328 (Mumbai - Trib.)] ITA No: 981/1725/Mum/2021 A.Ys.: 2016-17; Date of order: 17th May, 2022

Article 13 of India-Mauritius DTAA – Where Article of DTAA does not include beneficial ownership condition, reading such condition in the Article will amount to rewriting DTAA provision; hence, in absence of such condition in Article 13, capital gain exemption cannot be denied

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