According to reports in the regional media this week, the curative petition filed with the Indian Supreme Court over its ruling on standards of proof for tax residency in Mauritius has been dismissed.
Last October, the Supreme Court upheld the validity of a circular issued by the Indian Central Board of Direct Taxes, which stated that a certificate of residence issued by the Mauritian authorities constituted sufficient evidence of residence in the jurisdiction to allow a firm or investor to take advantage of the provisions of the bilateral DTA between India and Mauritius.
However, earlier this year, one of the petitioners in the earlier public interest litigation against the circular, former commissioner of income tax Shiv Kant Jha, filed a petition with the Supreme Court, alleging that there had been a gross miscarriage of justice.
Mr Jha argued that the Court's earlier decision sanctioned the concept of 'treaty shopping', and would allow non-Mauritian businesses to assume residence in the jurisdiction solely in order to take advantage of its tax treaty with India. The Supreme Court has rejected this view.
.
Network Tweets Archive
| Resources | Partners
| Site Map | Links
| Newsletter
Archive | Contact
| RSS Feeds
About | Syndication |
Advertising & Marketing |
Recruitment |
Terms & Conditions |
Privacy
Copyright © 2012 - All Rights Reserved - Tax-News.com
All content provided by BSI Media
IMPORTANT NOTICE: Tax-News.com has taken reasonable care in sourcing and presenting the information contained on this site, but accepts no responsibility for any financial or other loss or damage that may result from its use. In particular, users of the site are advised to take appropriate professional advice before committing themselves to involvement in offshore jurisdictions, offshore trusts or offshore investments.
Write a comment