Case Law Details
Case Name : In Re Ardex Investments Mauritius Ltd. (AAR Delhi)
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Re- Ardex Investments Mauritius Ltd. (AAR)- Applicant was a tax resident of Mauritius and the Tax Residency Certificate produced in this behalf has to be accepted view of the decision in Azadi Bachao Andolan (263 ITR 706). The applicant, a company incorporated in Mauritius, was dealing with the shares it held in an Indian company and selling them to another company in Germany. Article 13 of the Treaty between India and Mauritius applied. According to paragraph 4 of the treaty, the capital gains derived by a resident of Mauritius from the alienation of shares would be taxable only in Mauritius...
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Then howcome Vodafone company is charged with the tax liability. The facts of that case were also almost similar. Mauritius company holding the shares in an Indian company has been taken over by another company abroad. There, the transaction is covered under the tax ambit and here the the transaction is exempt.. Is there any concept of consistency with the Income tax Department..?