Gain from sale of equity shares is exempt under Article 13(4) of India-Mauritius DTAA

Sarva Capital LLC Vs ACIT (ITAT Delhi)

ITAT Delhi held that as shares were acquired prior to 01.04.2017, gain derived from sale of such equity shares is exempt under Article 13(4) of India-Mauritius DTAA.

Facts- The assessee is a non-resident corporate entity incorporated under the laws of Mauritius and a tax resident of Mauritius. As stated by AO, the assessee was incorporated primarily for the purpose of making investments in India in education space, agriculture, health

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