TMI BlogAgreement for avoidance of double taxation with Mauritius--Clarification regardingX X X X Extracts X X X X X X X X Extracts X X X X ..... tal gains was entered into between the Government of India and the Government of Mauritius and was notified on 6th December, 1983 (see [1994] 146 ITR (St.) 214). In respect of India, the Convention applies from the assessment year 1983-84 and onwards. 2. Article 13 of the Convention deals with taxation of capital gains and it has five paragraphs. The first paragraph gives the right of taxation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g income from alienation of shares of Indian companies will be liable to capital gains tax only in Mauritius as per Maruitius tax law and will not have any capital gains tax liability in India. 4. Paragraph 5, defines "alienation" to mean the sale, exchange, transfer or relinquishment of the property or the extinguishment of any right in it or its compulsory acquisition under any law in force in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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