Tag Archives: mauritius

India-Mauritius DTAA amended: Govt.

India and Mauritius signed the Protocol for amendment of the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital Gains. The key features of the Protocol are as … Continue reading

Posted in Administrative Law, Company Law, Contract Law, FDI, General Law, International Law, Notifications/Publications/Circulars, Securities Law, Trade Law, WTO/GATT | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Section 9 Income Tax can’t be enforced for prevailing DTAA: DHC

The Delhi High Court recently ruled that unless changes are carried out in a Double Taxation Avoidance Agreement (“DTA”), the new interpretation of Section 9(1)(vi) of The Income Tax Act cannot be enforced. The Division Bench of the Court was recently … Continue reading

Posted in Banking Law, Company Law, Consumer Law, Contract Law, FDI, Income Tax Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Benefit of capital gains Clause of India-Mauritius DTAA allowed to investors: AAR

In a recent important ruling for foreign investors, the Authority for Advance Rulings held that the benefit of the capital gains Clause of the India-Mauritius Double Taxation Avoidance Agreements (”DTAA”) would have to be allowed to the investors. The Authority … Continue reading

Posted in Company Law, Income Tax Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Payment made from one NRI to another outside India; Section 195 of IT Act will not apply as held in Vodafone International Holdings B.V. by the Supreme Court: ITAT Mumbai

In may be one of the first rulings after the recent amendment to Section 9(1)(vi) of Income Tax Act (“Act”) by Finance Act, 2012 with effect from April 1, 1976, Income Tax Appellate Tribunal (Mumbai) held that the payment paid … Continue reading

Posted in Income Tax Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Selective buy-back of shares in lieu of dividend is a “colourable transaction”: AAR

In a recent case, the Authority for Advance Rulings (AAR) held that applicant’s (Indian company) proposal of buy-back of shares from one of its shareholders (a Mauritian company) is a scheme devised for avoidance of tax and the transaction is … Continue reading

Posted in Income Tax Law | Tagged , , , , , , , , , , , , , , , , , , , , , , | Leave a comment