Assessee, registered in Mauritius with tax residency ...

Mauritian entity's long-term gains from share sale exempt under India-Mauritius tax treaty. Withholding tax deducted, refund granted.

Case Laws Income Tax

July 30, 2024

Assessee, registered in Mauritius with tax residency certificate, claimed long-term capital gains from sale of shares as exempt under Article 13(4) of India-Mauritius DTAA. LEI Singapore Holdings deducted withholding tax on payments made to assessee, who sought refund. Coordinate Bench, relying on decisions in Bid Services Division and Vodafone International Holding, held that assessee's long-term capital gain on share sale is not taxable in India, deciding in assessee's favor for refund of TDS deducted.

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Assessee, registered in Mauritius with tax residency ...

Mauritian entity's long-term gains from share sale exempt under India-Mauritius tax treaty. Withholding tax deducted, refund granted.

Case Laws Income Tax

July 30, 2024

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