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Income Tax - Highlights / Catch Notes

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Income deemed to accrue or arise in India - addition on account ...


Investments Pre-April 2017 Exempt from Indian Capital Gains Tax per India-Mauritius Double Taxation Agreement.

March 7, 2024

Case Laws     Income Tax     AT

Income deemed to accrue or arise in India - addition on account of LTCG to be taxed u/s 112 - Scope of holding Tax Residency Certificate of Mauritius (TRC) - The Tribunal allowed the appeal, holding that investments made prior to April 1, 2017, are grandfathered under the India-Mauritius DTAA and not subject to capital gains taxation in India. The Tribunal followed the principles laid out in the case of Bid Services Division (Mauritius) Ltd. vs. Authority for Advance Rulings and other relevant CBDT circulars and press releases, confirming that the assessee is entitled to the DTAA benefits.

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