Summary: India’s tax landscape has dramatically shifted after the Supreme Court’s Tiger Global ruling, and the ITAT’s decision in Hareon Solar Singapore shows just how far the ripple travels. As a result, only structures with genuine substance, clear commercial purpose, and documented on‑ground activity will withstand India’s evolving anti‑avoidance scrutiny.Continue Reading Same Roar, Different Den: The Shadow of Tiger Global on Hareon Solar
The India–Mauritius Double Tax Avoidance Agreement (“DTAA”), entered into in 1983, has since been the subject matter of contentious litigations. The well-drafted and reasoned ruling of the Delhi High Court (“Delhi HC”), which explains the availability of benefits to a Mauritius-based investor, the significance of the tax residency certificate (“TRC”), the limitation of benefits (“LoB”) clause, and the grandfathering provision in the treaty, has provided much-anticipated relief and certainty to the taxpayers.Continue Reading Delhi High Court grants tax-treaty benefits to Tiger Global’s Flipkart exit
Corporate entities have been invoking the provisions of the India-Mauritius tax treaty and using the infamous “Mauritius route” to avoid paying capital gains tax in India for a while now. This has been a sore subject for tax authorities in India.Continue Reading Beneficial ownership test is not required under Indo-Mauritius tax treaty