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Advance Ruling Authority clears up applicability of India-Mauritius treaty

April 06, 2010

Sanjay Sanghvi and Daksha Baxi discuss the landmark E*TRADE litigation and its implications for the India-Mauritius tax treaty.

Taxation of cross-border transactions is often the subject of litigation in many countries, and India is no exception. One high profile case recently came up in India. The E*TRADE Mauritius (E*TRADE) litigation saw the benefit under the India-Mauritius tax treaty denied to the Mauritius-based investment vehicle for taxability of capital gains realised in India from the sale of shares of an Indian company.

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