Treaty between India and Mauritius – Indian decision on place of effective management of Mauritian company and taxability of capital gains
The Income Tax Appellate Tribunal (ITAT) delivered a ruling dated 20 July 2007 in the case of Saraswati Holding Corporation Inc., Mauritius v. Deputy Director of Income Tax (111 TTJ 334) on whether a Mauritian entity's place of effective management was situated in India so as to be regarded as a resident of India for tax purposes, and whether capital gains earned by it were taxable …
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