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May 2024

Capital gains on transfer of shares acquired prior to 1st April, 2017 were not taxable in terms of Article 13(4) of India-Mauritius DTAA because of grandfathering provisions; it was evident from TRC that Assessee was a tax resident of Mauritius.

By Geeta Jani | Dhishat B Mehta | Bhaumik Goda, Chartered Accountants
Reading Time 4 mins

3 [2024] 160 taxmann.com 632 (Delhi - Trib.)

Norwest Venture Partners X-Mauritius vs. DCIT

ITA No: 2311/Del/2023

A.Y.: 2020-21

Dated: 19th March, 2024

Capital gains on transfer of shares acquired prior to 1st April, 2017 were not taxable in terms of Article 13(4) of India-Mauritius DTAA because of grandfathering provisions; it was evident from TRC that Assessee was a tax resident of Mauritius.

FACTS

Assessee was a non-resident company incorporated under laws of Mauritius. The Assessee was an investment holding company. The ultimate parent company of Assessee was beneficially owned by an American entity. Assessee was issued Category-1 Global Business License in Mauritius. Based on Tax Residency Certificate (“TRC”) issued by Mauritius Revenue Authority, it was a tax

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