India Income Tax Appellate Tribunal Holds Beneficial Ownership Requirement May Not be Assumed with Respect to Capital Gains Under Treaty with Mauritius

The Mumbai Income Tax Appellate Tribunal (ITAT) recently issued an order regarding beneficial ownership requirements and the provisions of Article 13 (Capital Gains) of the 1982 income and capital tax treaty with Mauritius. In particular, the order addresses whether beneficial ownership requirements must be met in order to benefit from paragraph 4 of Article 13, which essentially provides that gains from the alienation of property not specified in Article 13 are only taxable in the Contracti…