TRC issued by authority of Mauritius is sufficient tax residency evidence

Sarva Capital LLC Vs ACIT (ITAT Delhi)

Introduction: The case of Sarva Capital LLC Vs ACIT (ITAT Delhi) revolves around the validity of the Tax Residency Certificate (TRC) for determining treaty benefits under the India-Mauritius Double Taxation Avoidance Agreement (DTAA). The appellant contested the assessment order by challenging the jurisdiction, taxability of capital gains, denial of treaty benefits, and proposed penalty proceedings.

Issue: Whether the appellant, a resident of Mauritius as per a valid Tax Residency Certificate (TRC), is entitled to claim benefits under the India-Mauritius Double Taxation Avoidance Agreement (DTAA) for capital gains arising from the sale of shares.

Facts:

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