Indian Authority for Advance Rulings Denies Grandfathered Beneficial Treatment for Share Sales Under Tax Treaty with Mauritius in Case of Tax Avoidance

The Mumbai Bench of India's Authority for Advance Rulings (AAR) recently issued a ruling on the grandfathering of the beneficial treatment of gains from the alienation of shares under the 1982 India-Mauritius tax treaty. Prior to its amendment by a 2016 protocol, the treaty granted exclusive taxation rights on capital gains to the country of residence of the seller and did not include a limitat…
Continue Reading