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Mauritius Tax Treaty does not seem to end! Treaty and since the Taxpayer satisfies the fiscal residence test prescribed therein, any capital gains arising from the sale of the shares of the Indian Target should only be taxed in Mauritius. INSIGHT No Capital Gains Tax Exemption under IndiaMauritius Tax Treaty Shailendra Sharma discusses an interesting case whereby an indirect share transfer triggered a sale by a Mauritius entity with assets located in India and the capital gains tax exemption under the IndiaMauritius tax treaty could not be applied.
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